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(영문) 울산지방법원 2017.11.23 2017고단3634
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

Criminal facts

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 passenger car with B low-priced other car.

On September 8, 2017, the Defendant driven the said car under the influence of alcohol level of 0.180% from blood alcohol level around 09:40 on September 8, 2017, and continued to drive the said car along the two-lanes in front of the DPC room located in Ulsan-gu C, Ulsan-do along the intersection of the CPC, facing the two-lanes from the intersection of the Tri-dong Tri-dong.

In this case, the driver has a duty of care to prevent accidents because he/she well sees the front door and the left and left well, and accurately operates the steering and brakes so that he/she can safely do so.

The Defendant was negligent in driving a vehicle while neglecting the duty of care while under the influence of alcohol, and due to the negligence of the Defendant’s driver’s e-driving that was stopped on the front side of the same lane, and was driven by the Defendant’s e-motor vehicle back to the front door.

Ultimately, the Defendant suffered injury, such as salt ties and tensions, which require approximately two weeks of medical treatment, from the victim G (27 tax) and the victim H (60 years of age) who was accompanied by the above occupational negligence, on the part of the Defendant.

2. The Defendant violated the Road Traffic Act (drinking) driven a B-hand car with B low alcohol level of 0.180% under the influence of alcohol at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to survey the actual situation, on-site photographs, reports on the detection of drivers of primary drivers, detailed inquiries, estimates, and written checkups;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine (i.e., reflectiveness, comprehensive insurance coverage, driving skills for drinking driving, etc.);

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. Article 70 of the Criminal Act to attract a workhouse.

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