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(영문) 울산지방법원 2012.11.29 2012고정1273
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

1. On 06:00 on 03, 2012, the Defendant driven a B-car car with approximately two kilometers in two kilometers from the Do in front of the new market in Ulsan-gu, Ulsan-gu to the lower road in front of the Hagi-dong, Chungcheongnam-gu, Seoul-do, to the lower road in front of the Hagi-dong, with a blood alcohol content of about 0.172%.

2. The Defendant is a person driving a B-Scar car.

On 06:00 on 06:00, the Defendant driven the above vehicle under the influence of alcohol of 0.172% on 06:00, while driving the said vehicle, and driving the 3-lane road in front of the Haring-gu New East-gu, Ulsan-gu at a speed of about 30 kilometers a speed of 30 kilometers a speed from the direction of viewing distance.

In such cases, the driver of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the previous one and to prevent accidents in advance by keeping the vehicle where the driver of the motor vehicle takes a well-round traffic situation and the vehicle stops suddenly.

Nevertheless, the defendant is negligent in doing so and is proceeding.

At the time, the back of the victim C, which was driven by the victim C at the front of the vehicle under way, was tamped with the front of the vehicle under way.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photographic record;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, the selection of each fine for negligence;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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