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(영문) 울산지방법원 2017.05.11 2017고단989
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

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 service of a passenger car in the Seoul metropolitan area.

On March 9, 2017, the Defendant driven the said car with a alcohol content of 0.145% 0.145% while under the influence of alcohol during blood at around 18:30 on March 9, 2017, and continued to drive the said car at a speed of about 20 km away from the boundary of the box box of the Agricultural Station in Ulsan-gu Seoul Metropolitan City to the one-lane away from the boundary of the box of the Agricultural Station.

At the time, there are nights, and signals are installed at front, so in such a case, there was a duty of care to prevent accidents in advance by driving safely by safely examining the personal and traffic situation of a person engaged in driving a motor vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant’s failure to stop at the front side of the Defendant, brought down the following part of the victim’s driving EK5 car, which was parked in the signal atmosphere, with the front part of the said three-dimensional car.

Ultimately, the Defendant suffered injury to the victim D by negligence in the course of performing the above duties, i.e., in detail obscure parts in need of approximately two weeks of treatment, and tensions and tensions.

2. On March 9, 2017, the Defendant driven the said three-dimensional car under the influence of alcohol content of about 0.145% from the section of approximately 300 meters to the road specified in paragraph (1) from the front of the family village in the northwest-gu, Ulsan-gu, Ulsan-do. Between around 18:30 on March 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition and a report on the actual condition of the driver who takes charge of driving;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

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. Selection of an alternative fine for punishment;

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. Articles 70(1) and 69(2) of the Criminal Act (hereinafter referred to as “Sentencing”) of the Criminal Act (hereinafter referred to as “the sentencing”), which are higher.

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