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(영문) 울산지방법원 2019.07.19 2019고단301

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a car at the end of the bill set forth in the Act on Special Cases concerning the Settlement of Traffic Accidents;

On October 12, 2018, around 07:20 on October 12, 2018, the Defendant driven the said car at the Dobong-gu Intersection of the 46th month, Ulsan-gu, Ulsan-gu, bypassing from the direction of the view distance to the direction of the solar etho.g.

Since there is a long distance crossing, a person engaged in driving of a motor vehicle should not drive the motor vehicle under the influence of alcohol, and there was a duty of care to drive the motor vehicle safely by driving the steering gear on the front side and properly operating the steering gear.

Nevertheless, the Defendant, without neglecting the above duty of care, driven a motor vehicle while under the influence of alcohol by negligence, received the front part of the driver’s seat of the victim C(IS 64 years old) driving that was driven by the left from the front part of the driver’s seat of the motor vehicle of the Defendant driving of the victim C(IS 64 years old) with the front part of the driver’s seat of the vehicle of the Defendant.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said horse on the horse with a level of about 1k alcohol concentration of about 0.084% from the front of his residence in Ulsan-gu E, Ulsan-gu to the front of the salary month in the same salary month from the day on which the Defendant was under the influence of alcohol at around 0.084% from the day on which he was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos 7 and 8);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act;