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(영문) 울산지방법원 2018.04.05 2018고단243
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

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving B K5 cars.

On December 19, 2017, the Defendant driven the above K5 vehicle with a alcohol level of 0.143% 0.143% while under the influence of alcohol during blood at around 21:50 on December 19, 2017, and proceeds from the direction of the direction from the Trithm along the two-lane direction of the Taecheon River Prospective Zone in Ulsan-gu, Ulsan-gu.

At the same time, the victim C(43) driver's d's d'burged car was driven along the two-lanes, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering direction and operation system and by accurately manipulating the steering direction and operation system with the vehicle in front.

The Defendant neglected to do so and was negligent in proceeding with the Defendant’s negligence and received the lower part of the upper part of the said vehicle’s right-hand part of the K5 vehicle, which was the upper part of the K5 vehicle’s right-hand part.

The Defendant, by such occupational negligence, suffered injury to the victim C, Dong-man E (V, 40 years old), and F (V, 12 years old), such as salt, tensions, etc. in the cirical trend requiring approximately three weeks of treatment, and injury to Dong-man G (V, 7 years old) including cirral salt, tensions, etc. in need of approximately two weeks of treatment.

2. On December 19, 2017, the Defendant: (a) driven a B K5 vehicle under the influence of alcohol level of about 0.143% in a section of about 5km from the YC road near the Southern-gu, Ulsan-gu; (b) to the front road of the Taenam-gu, Ulsan-gu, Chungcheongnam-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes, such as a report on traffic accident situation, a report on actual condition investigation, on-site photographs, a report on detection of a driver taking the main place, and a

1. Article 3(1) and proviso of 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, and Article 148-2(2)2 and Article 44(1)1 of the Road Traffic Act.

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