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(영문) 울산지방법원 2018.04.05 2018고단270
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving service with BCR110 Oba, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On January 10, 2018, the Defendant driven an over-to-face 22:35, and driven the front road of the 4-gil Dong-gu, Ulsan-gu, Ulsan-do, 26 Lululu apartment 203, the front road of the 200 km from the right west to the 202 east-gu.

At the time, the apartment complex is located at night and there is frequent pedestrian walking, so there was a duty of care to prevent accidents by accurately manipulating the front door and the left and the right, and accurately manipulating the steering and brakes.

The Defendant neglected to do so while under the influence of alcohol and neglected to operate the steering gear accurately, and due to the negligence of proceeding, the Defendant was placed on the right side of the victim C (31) who walked on the road on the left side of the bend side of the road.

Defendant 1 suffered injury to the two main points open to the right side in need of future treatment for the victim on the part of the above occupational negligence.

2. On January 10, 2018, the Defendant driven BCR 110 Orala while under the influence of alcohol content 0.138% in a section of about 500 meters from the 22:35 U.S., Ulsan-dong, U.S., Ulsan-dong to the front road of the floor at the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, such as a report on traffic accident situation, a report on actual condition investigation, photographs, and a report on detection of a driver with primary driving;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning the facts constituting an offense (see, e.g., selection of punishment, reflectivity, initial crimes, agreement, etc.);

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. Attraction of a workhouse;

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