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(영문) 울산지방법원 2013.05.10 2012고정1216
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in driving of CA car. A.

around 01:50 on 02.02.05, the Defendant driven the said vehicle under the influence of alcohol content of about 10 kilometers from the vicinity of the next generation oil station in Ulsan-gu, Ulsan-gu to the roads in front of the Jinsan-dong, Ulsan-gu, Seoul-do, an accident site, at approximately 0.118%.

B. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a vehicle at the same time and at the same time as that of the former paragraph, led to the direction of Fulsan-gu Fulm in Fulsan-gu.

At this point, there is a central line, and in such cases, the driver of the vehicle has the duty of care to pass along the right side of the center line of the road.

Nevertheless, the injured party E (the 28 years old) who was driving D in the direction of the Ulsan Airport from the Fulsan Airport by neglecting this and driving the center line while under the influence of alcohol by neglecting it, was booming down on the left side of the driving while the injured party E (the 28 years old) avoided the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as salt and tensions that require approximately three weeks of treatment.

C. Around 01:50 on May 02, 2012, the Defendant driven the above vehicle and proceeded with the road before the point of view to the head of the Shigsan-gu Jin-dong, Ulsan-gu.

In such cases, drivers of vehicles shall accurately operate the steering system, brakes and other devices of their vehicles, shall not drive them at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the roads and the structure and performance of their vehicles, and have the duty of care to prevent accidents in advance by reporting well the traffic situation on the front side and safely.

Nevertheless, there is a need to do so.

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