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(영문) 울산지방법원 2016.11.17 2016고단3611

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. Around 07:40 on October 2, 2016, the Defendant was under the influence of alcohol at around 07:10% of blood alcohol concentration, and the Defendant driven a B-tem motor vehicle at the section of about 5km from the front of the main point near Ulsan-gu industrial tower, Ulsan-gu to the white sand located at about 144 meters from the front of the main point near the Ulsan-gu industrial tower to the white sand located at about 144 degrees from Ulsan-gu.

2. Around 07:55 on October 2, 2016, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car to make a white-sea distance of 144, which is located in the 144-ro of Ulsan-gu, Ulsan-do, a bypass from the direction of the Ulsan-do Police Agency to the sex-dong post office.

Although a driver of a motor vehicle has a duty of care to thoroughly examine the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent traffic accidents in advance by accurately operating the steering and operating the steering system, the defendant, while neglecting the duty of care, caused by negligence the front part of the victim C(39 years old) who was under the traffic signal at the road in compliance with the driving direction of the motor vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim, such as salt, tension, etc. in need of medical treatment for about three weeks, and suffered injury to the victim C (the 72 years of age) who was the fluor, such as salt ties, tension, etc. in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, notification of completion of correction, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Written estimate and written diagnosis;

1. Each investigation report and the application of the Acts and subordinate statutes to report the results of investigation;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act concerning criminal facts;