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(영문) 울산지방법원 2018.10.11 2018고단2262
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Criminal facts

1. On July 4, 2018, the Defendant: (a) was driving a DNA-low-water vehicle without a driver’s license in a state of alcohol concentration of 0.10% in alcohol level from a non-fluent area (fluence) around 00:31 on the road traffic law; and (b) was under the influence of alcohol level of 0.10% in the same month to the normal distance of the Dong-dong.

2. The Defendant is a person who is engaged in driving a DNA car.

On July 4, 2018, the Defendant driven a 00:31 square vehicle on the 00:0,000, and led to the parallel of the east-gu, Ulsan-gu, Ulsan-gu, the parallel of the horizontal distance from the parallel of the parallel to the parallel of the normal distance.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents from occurring because he/she well sees the front, rear, and left and right sides of the motor vehicle, and accurately operates the steering direction and brake system and operates it safely.

The Defendant neglected to perform the above duty of care and received the back part of the FF FM car of the victim E driving, which was waiting in the atmosphere, as the front part of the franchise vehicle.

Defendant 2 suffered injury to the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the register of driver's licenses, such as reports on the occurrence of traffic accidents, photographs, reports on the state of the driver's license, survey reports on actual condition, and medical certificates

1. Article 3(1), the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 7 and 8 of the same Act, Article 268 of the Criminal Act, and Article 148-2(2)2, Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (Article 1 of the Judgment, No. 1 of the same Act)

1. Selection of a selective fine (such as reflectivity, agreement, and the fact that it is only one time prior to the punishment for drinking in 2010).

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