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(영문) 울산지방법원 2018.01.25 2017고단4178
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. The Defendant is a person who is engaged in driving service of a vehicle B with low investment risk.

On November 2, 2017, the Defendant driven the said car under the influence of alcohol level of 0.199% among blood transfusion around 16:30 on November 2, 2017, and driven the road of five-lanes in front of the Culture and Arts Center located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, along the three-lanes from the flow-distance slope to the flow-distance slope.

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

The Defendant neglected to perform the above duty of care under the influence of alcohol as seen above, and was able to receive the part of the victim C (the 26-year-old driving) driver’s rear-off crime of the victim C (the 26-year-old driving) driving from the front direction of the Defendant’s driving.

Ultimately, the Defendant suffered from the injury of the victim E (V, 25 years of age) who is the passenger of the above victim C and the damaged vehicle due to the foregoing occupational negligence, such as fluoral salt fluor, etc. requiring approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a B-hand car with alcohol level of 0.19% under the influence of alcohol at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. Application of the Act and subordinate statutes governing the image of the main driver; a written report, a quotation, a medical certificate, and a black stuff;

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 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act (as to paragraph (1) of the judgment of the court below)

1. Selection of a selective fine (including reflectivity, points that have no record of drinking driving, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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