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(영문) 울산지방법원 2017.01.12 2016고단4361
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

Punishment of the crime

1. On October 23, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven B rocketing and another car with a alcohol level of 0.156% during blood transfusion around 18:10 on Oct. 23, 2016, while driving the B rocketing and another car, thereby proceeding 13 km away from the right edge of the Ulsan Highway located in the Eup, Ulsan-gun, Ulsan-gun, and proceeding at the speed of about 60 km away from the right edge of the Ulsan Highway.

At this point, it is an expressway and the defendant's front side, the victim C(50) driver's low-speed car was in progress, so there was a duty of care to secure and safely proceed a sufficient safety distance with the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant neglected to ensure sufficient safety distance and received the part of the Defendant’s vehicle behind the vehicle in front of the Defendant’s driver’s vehicle by negligence.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said car under the influence of alcohol level of about 0.156% from the Do in front of the Southern-gun, Chungcheongnam-gu, Ulsan-do, Ulsan-do, Seoul-do, to the above Ulsan-do Highway to the extent of about 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A survey report on actual condition and a survey report on actual condition at the scene of a traffic accident;

1. A report on detection of the driver at the main place, a notice of completion of correction and a statement on the circumstances of the driver at the main place;

1. A report on investigation;

1. Application of written estimates and written diagnosis to statutes;

1. Article 3 (1) and the proviso to 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the aggregate of the amounts of two crimes) for the aggravated concurrent crimes;

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