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(영문) 울산지방법원 2016.12.15 2016고단3617
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) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On October 2, 2016, the Defendant, while under the influence of alcohol at 0.156% of the blood alcohol concentration around 21:40, the Defendant driven the said car and attempted to enter one lane at a speed of about 5 km per hour, which was parked on the road located in Yangsan City C in the direction of the intersection.

At the time, since the above one-lane is night and the other vehicles pass along, there was a duty of care to safely enter the vehicle after checking the front, rear, and left and right of the vehicle in the situation of stop.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and attempted to enter one lane as it is, and the part on the right door of the FF-learning car driven by the victim E along the above one lane was carried out by the victim E from the left side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim G (the age of 61) who was boarding the frighting passenger car due to the above occupational negligence, such as light salt, requiring approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the above date and at the above location, driven a vehicle of 0.2m lurburt with a blood alcohol concentration of 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (including examination of persons driving a damaged vehicle, materials attached thereto);

1. Article 3(1), the proviso to Article 3(2)8 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 Road Traffic Act concerning criminal facts (the point of driving while driving a motor vehicle);

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