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(영문) 울산지방법원 2017.07.20 2017고단1487
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) is a person who is engaged in driving a motor vehicle with two highest motor vehicles.

On April 4, 2017, the Defendant continued from the front side of the D cafeteria located in Ulsan-gu, Ulsan-gu, Seoul to the modern middle industry from the mountain bathing beach.

There is a duty of care to drive safely by checking the right and the right and the right and the right and the right of the driver in a state of drinking.

Nevertheless, the Defendant, while driving under the influence of alcohol content 0.07% by negligence while driving in the influence of alcohol, proceeds to the left right from the Defendant’s running direction, and received the front portion of the Fstynael driven by the Defendant E (57 years old) from the Defendant’s running to the top of the said high-speed vehicle.

As a result, the Defendant suffered from occupational negligence the injury of the victim E, such as scopical salt, which requires treatment for about 20 days, and the injury of the victim G (32 Do) and the victim H (27 Do) who are passengers of the above taxi, respectively.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven an automobile with the highest alcohol concentration of about 0.77% in blood in the section of approximately 2 km from Ulsan-gu to the front day of the D cafeteria located in the same Gu from Ulsan-gu, Ulsan-gu, Seoul-do to the next day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs at the time of accident;

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 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of drinking);

1. Abnormal concurrence (a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the holding) Articles 40 and 50 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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