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(영문) 울산지방법원 2017.04.20 2017고단576
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of B-cricking car.

On February 26, 2017, around 05:35, the Defendant proceeded on the two-lanes between the 3-lanes at a speed of about 60 km from the 1155 fluoral distance ahead of the Jinsan-dong, Ulsan-gu, U.S. C., to the south side of the fluoral distance, at a speed of about 60 km in speed.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to live well on the breath and the left and right, and to drive.

Nevertheless, the Defendant neglected to perform the above duty of care and drive a breadly with alcohol concentration of 0.18% under the influence of alcohol during blood. However, the Defendant was found to have received the part of the Defendant’s vehicle behind Duba car operated by the victim C, who was waiting for the instant cruise car before the said cruise car.

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as salt ties, tensions, etc., which require approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the said cruise car under the influence of alcohol concentration of approximately 0.188% in a section of about 10km from the front of the sea water station restaurant located in the Nam-gu, Ulsan-gu, Ulsan-gu, Ulsan-do to the front day of the 1155-gradular street.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C preparation;

1. Notification of a survey report on actual conditions and the results of regulating drinking 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 / [Sentencing] high drinking volume (0.188%) of the Criminal Act (0.18%) shall be applied to the punishment for the crime.

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