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(영문) 울산지방법원 2018.04.19 2018고단396

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 vehicle CK3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 30, 2017, the Defendant driven the above car on December 30, 2013:03:36, and proceeded at a speed of about 10km per hour from the scular distance to the scular distance in front of the scopic village of Ulsan-gu, Ulsan-gu. The Defendant driven the above car at a speed of about 10km per hour from the scopic distance to the scopic distance.

At the time of night, there was a duty of care to prevent accidents, such as thorough operation of the front-way vision and accurate operation of the steering and brakes in a clear mind, etc., by a person engaged in driving a motor vehicle, who is engaged in driving business at night.

Nevertheless, the Defendant neglected to do so and neglected to do so while under the influence of alcohol, and instead neglected to do so, received the part of the Defendant’s driver’s vehicle behind the Defendant’s driving of the Victim D(37 Do) who was in the atmosphere of the signal at the bend of the bend in the bend.

Ultimately, the Defendant suffered from the injury of the victim D and the victim F (the 37 years of age) who was a passenger with the above low-quality passenger car due to the above occupational negligence, such as salt, tension, etc. in the trend requiring approximately two weeks of treatment.

2. On December 30, 2017, the Defendant: (a) driven a 3-car while under the influence of alcohol with approximately 0.147% alcohol level from the section of about 5km in the direction of a 5km village located in the Southern-gu, Ulsan-gu; (b) around December 30, 2017, from the front of a restaurant of glusium located in the Nam-gu, Ulsan-gu; and (c) from the front of the glus village in the south-gu, Nam-gu; and

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Inquiries about the results of the crackdown on the driving of drinking, and a report on the main entry;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 of the Road Traffic Act concerning criminal facts;