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(영문) 울산지방법원 2015.06.04 2015고단858
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 17, 2015, at around 05:20, the Defendant was under the influence of alcohol with 0.14% of blood alcohol concentration 0.14%, and the Defendant was under the influence of driving a B Trate car at a speed of 35 lanes, e.g., B, at the speed of the second line of e.b. B, at the speed of Busan.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was able to shock the drum that informed the prohibition of entry into the front side of the road construction site due to the negligence in the course of performing his duties while driving the road, and was charged with the front part of the vehicle driving by the Defendant.

As a result, the defendant suffered injury to the victim C(22 years of age) who was on the top of the car operation for the car at the same time, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident site;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (the degree of injury of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A driver is driving under the condition that the sentencing of Article 334(1) of the Criminal Procedure Act is based on the consideration of the reasons for the provisional payment order.

The liability for the crime is not less severe as a matter of serious injury to the same passenger.

However, it reflects the error in depth, and the victim's side also wants the defendant's wife by agreement with the victim.

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