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(영문) 울산지방법원 2017.12.21 2017고단3936
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

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 the B-learning passenger car.

On October 30, 2017, the Defendant driven the above vehicle at a speed of 15:36, and led to a moving distance from the south-gu of Ulsan-gu to the Ulsan-do University at the right speed.

Since there are frequent pedestrian traffic of vehicles and pedestrian walking on the crosswalk, the driver of the vehicle has a duty of care to prevent accidents, such as thorough operation of the front-way and accurate operation of the steering and brakes in a clear mind.

The Defendant neglected to do so while under the influence of alcohol and neglected to do so, and caused the victim to go beyond the victim by taking the body part of the victim C (57 tax) who gets a bicycle on the left side at the right-hand crosswalk in the front-hand crosswalk of the bend in the bend of the car driving of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to such occupational negligence.

2. On October 30, 2017, the Defendant: (a) driven a B-learning car under the influence of alcohol level of about 0.111% from a section of about 4km from the road near Ulsan-gu, Ulsan-gu, Seoul-do to the free distance in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, reports on the detection of primary drivers, tea inquiry, and diagnostic reports;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines (defluences, initial crimes, agreements, etc.) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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