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(영문) 울산지방법원 2017.11.16 2017고단3353
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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 motor vehicle B.

On August 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.194% in blood around 16:40 on August 20, 2017, and continued to drive the said car in the influence of alcohol content of 0.194% in the direction of three-lanes in front of Ulsan-gu C located in Ulsan-gu, Seoul, a court shooting distance from the jurisdiction of Ulsan-gun.

At the time, there was a vehicle stopping for passengers getting on and off, and thus, the driver had a duty of care to safely drive the vehicle and prevent the accident by keeping the distance between the vehicle and the vehicle in front.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle while neglecting the above duty of care as above and was driven by the victim E ( South, 46 years old) who stops in the same lane on the front side of the same lane by the Defendant, with the front section of the passenger vehicle in front of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury by occupational negligence, such as salt ties, tensions, and so on, the victim G (V, 46 years old), and the victim H (V, South, and 14 years old), each of which requires approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a two-way car under the influence of alcohol level of 0.194% in blood at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and the proviso to Article 3(2)8 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 (the occupation of an occupational vehicle), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines, respectively;

1. Trade name;

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