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(영문) 울산지방법원 2013.09.27 2013고정945
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 1, 2013, at around 14:20, the Defendant was under the influence of alcohol 0.21% of blood alcohol concentration, and was under the influence of alcohol 0.21%, and came into the Indian-gun, Ulsan-gun, two documents in Ulsan-gun, and came into the intersection of Indian-gun, which was installed adjacent to the said intersection.

In such cases, a person engaged in driving duty has a duty of care to safely drive by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and proceeded along as it was, and caused the street lamps installed on the left side of the proceeding to go beyond the above street, and caused the electric wires installed on the above street to fall off on the road, and the victim C(55 years old) who proceeded with the opposite lane to the rear wheels while shocking the front glass of the freight vehicle operated by the victim C(55 years old).

Ultimately, the Defendant suffered approximately three weeks of medical treatment from the victim due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Reporting on internal affairs;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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