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(영문) 울산지방법원 2019.08.27 2019고단2358
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle B not-to-land.

On June 5, 2019, at around 21:45, the Defendant driven the above vehicle while under the influence of alcohol of 0.131%, and led to the flow of the three-lane road of 19-0 degrees north-ro 19-0, Seogsan-gu, Seogsan-gu, the East East-do Office of the Republic of Korea along the speed of 3-lane from the direction of the glusian road to the e-east-do.

At night and at the front of the defendant's moving direction, the victim C(n, 36 years old) driver's car was in progress. Therefore, the driver had a duty of care to maintain the safety distance with the front line and to prevent the accident by driving safely, such as accurately operating the steering and brakes.

The Defendant, while under the influence of alcohol, was negligent in stopping a bus located in the Mabtsbuse bank as it was, and the Defendant was placed on the front side of the Mabts car which was under a stop.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as cerebral sye, etc., without any two inner sufferings in need of an open medical treatment for about three weeks, and injury to the victim E (V, 34 years old), who was on board the said benz’s car, due to approximately two weeks’ medical treatment.

2. On June 5, 2019, at around 21:07, the Defendant driven a B non-stop car under the influence of alcohol content of approximately 0.131% in a section of about 2km from the front of the new distance in Ulsan-gu New East-dong to the front of the bus stops in the same city of Jung-gu, Jung-gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report and the report on the actual condition of the driver;

1. Application of each medical certificate, photographic statute;

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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