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(영문) 울산지방법원 2017.11.21 2017고단3358
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a DNA cruise car.

On July 28, 2017, the Defendant driven the above car at around 23:30, and proceeded along the three-lane road in front of the Daegu Bank located in Ulsan-dong, Ulsan-gu along the direction of the normal distance of agricultural and fishery products market, one-lane in the direction of the normal distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents and drive a motor vehicle safely by properly operating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.10% in blood, was negligent in driving while neglecting the above duty of care, and was under the victim E (39 years old) who was crossing the road in the front bank.

Ultimately, the Defendant caused the victim to suffer injury, such as division damage, which requires approximately 32 weeks of medical treatment by occupational negligence as above.

2. The Defendant, in violation of the Road Traffic Act, driven the pertinent cruise car under the influence of alcohol content of 0.10% at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report, a survey report on actual condition, a field photo, a report on the detection of the driver of the primary driving, and a statement on the circumstances of the driver of the primary driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the point of gross negligence caused by occupational negligence: Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the point of selective drinking of fines: Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the selection of fines;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the maximum amount of the punishment as provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, is added, but the lower limit shall be the same

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