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(영문) 울산지방법원 2020.07.24 2020고정299
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of three 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) is a person who is engaged in driving a two-wheeled automobile (124CC).

On October 26, 2019, at around 06:35, the Defendant driven the said vehicle while under the influence of alcohol with 0.129% of alcohol content, and continued to turn to the left at the direction of the “Ccafeteria” in front of the C cafeteria.

In such cases, the driver has a duty of care to prevent accidents by thoroughly driving the front week and safely driving the vehicle in compliance with the lane.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left at the center of the center line, and received the full part of the victim D(W, 50 years old)'s E-learning Motor Vehicle driving from the direction of the shooting distance of the mountain beach to the shooting distance of the mountain beach, and received the full part of the two-wheeled Motor Vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. On October 26, 2019, the Defendant was driving a two-wheeled vehicle with a blood alcohol content of approximately 500 meters from the front side of the “F apartment in Ulsan-dong, Ulsan-gu, Seoul” to the front side of the “Ccafeteria” in Ulsan-dong, Ulsan-gu, Seoul-do, under the influence of alcohol by KRW 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements related to D traffic accidents;

1. The actual condition survey report, report on the occurrence of a traffic accident, and on-site photographs;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. A medical certificate;

1. Application of investigation reports (inspection of CCTV around the site)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act;

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