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(영문) 울산지방법원 2015.12.14 2015고정1804
교통사고처리특례법위반등
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

Punishment of the crime

1. On September 3, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving a B rocketing motor vehicle on September 3, 2015, led the Defendant to proceed to the direction of a new launter at the Ulsan National University prior to the Ulsan National University.

In such cases, a person engaged in driving service has a duty of care to operate safely by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this, while driving a vehicle in violation of the alcohol content of 0.101% while under the influence of alcohol, thereby causing the injury of fluorous salt, tensions, etc. to the victim E (V, 38 years old) who was on the part of the Defendant’s vehicle in front of the Defendant’s vehicle by taking the fluor as a part of the fluor under the influence of 0.101% of the blood alcohol content, and caused the victim E (V, fluor), who was on the part of the Defendant’s vehicle in need of two weeks of treatment, by taking into account the cluoral salt, tensions, and tensions, etc. in need of two weeks of treatment, to the victim F (F, South and 12 years old) for two weeks of treatment.

2. A violation of the Road Traffic Act (driving) the Defendant driven a B rocketing car under the influence of alcohol with a blood alcohol concentration of 0.101% at a distance of approximately 1.1km from around the south-gu University of Ulsan-gu to 38, Ulsan-gu, Seoul-do, Seoul-do, to the front side of the 2nd-dong community service center in the same way as the other south-dong community service center.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to a copy of diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1.Article 40 of the Criminal Code of Trade and Trade.

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