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(영문) 울산지방법원 2017.01.12 2016고단3497
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. On September 18, 2016, the Defendant violated the Road Traffic Act (drinking) driven a vehicle of 2 km lurged B while under the influence of alcohol with approximately 0.10% alcohol concentration at the 2km section of approximately 0.10% from the day before the alcohol house called the “esurging of the horns” in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the day before the Haak-gu, Ulsan-gu, Ulsan-do.

2. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The Defendant, while under the influence of alcohol as stated in paragraph 1 at the time of the day set forth in paragraph 1, driven the said vehicle at a speed of about 80km from the northwest of Ulsan-gu to the right west of the west-gu.

At the time, the night and the decline of the road was coming and the road was sleeped due to the flow of the front door, so there was a duty of care to safely drive the driver by reducing speed and accurately manipulating the steering direction and brakes.

Nevertheless, the defendant, while under the influence of alcohol as seen above, neglected to do so and proceeded on the surface, caused a 2glus and a streetlight on the right side of the road, and received a two-glus and a streetlight on the right side of the vehicle.

After all, the Defendant suffered injury to the victim C (V, 23 years of age) who was on board the said car due to the above occupational negligence, such as the right shoulder for about two weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Photographs at the time of accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (referring to the injury caused by occupational negligence) concerning criminal facts, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (referring to the driving of drinking alcohol).

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