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(영문) 울산지방법원 2018.03.29 2018고단186
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a BSP car.

On December 6, 2017, the Defendant driven the said car as around 22:10, and moved to the right of way from the side of the kindergarten to the ethm of 30km at the ethm of the ethm of the postal wave to the eth of the ethm of the ethic elementary school in the Ulsan-gu, Ulsan-gu.

At this point, there was a duty of care to prevent accidents in advance due to safe operation, such as accurately operating the steering gear when operating the vehicle on a narrow road of one lane.

The Defendant, while under the influence of alcohol content 0.117% in blood, was negligent in neglecting the steering gear in a state of 0.17% and did not accurately manipulate the steering gear, was invaded by the central line, and received the front part of the Victim C (43 Dose)’s New Technology Village Bus, which is driven on the adjacent lane, as the front part of the said vehicle’s right-hand part.

As a result, the Defendant caused the victim to suffer injury to the base and tension of the chill that requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol with approximately 300-meter alcohol concentration of about 0.117% at the section of approximately 300 meters from the Do in front of the Japanese church in Ulsan-gu, Ulsan-gu, U.S., U.S., to the front road of the above solar elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition survey, a field photograph, a report on the detection of a driver taking the main place, a medical certificate

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the same Act concerning facts constituting an offense (i.e., selection of punishment, reflectivity, initial crimes, agreement, etc.);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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