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(영문) 울산지방법원 2018.06.12 2018고단1184
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. The Defendant is a person who is engaged in driving a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 31, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.209% from blood transfusion around 13:30 on March 31, 2018, and was waiting for signaling from the KT shooting distance in Ulsan-gu, Ulsan-gu to the view of the open market of the night.

In this case, there was a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle for the driver of the vehicle.

The Defendant, while waiting at the intersection signal at the intersection, followed the balke by using the balke along the balke, followed by the vehicle behind the Defendant, and shocked the front c (29 tax) of the victim C (29) who was in the atmosphere to the signal signal at the front of the Defendant’s vehicle, following the Defendant’s vehicle.

As a result, the defendant suffered from occupational negligence the victim E (27 tax, female) who gets on board the victim C and K7 riding line with the victim E (27 tax, female) for about two weeks of medical treatment.

2. On March 31, 2018, the Defendant violated the Road Traffic Act (dSS3 car driving) driven a vehicle in the section of about five kilometers in front of the road located in the same Gu and near the company with a large alcohol content of 0.209% under the influence of alcohol among blood transfusions at around 13:30, the Defendant driven a vehicle with DSS3 car in the section of about five kilometers in front of the road located in the same Gu, Ulsan-gu, Ulsan-dong glass.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a report on traffic accident situation, a report on actual condition investigation, on-site photographs, a report on detection of a primary driver, and medical certificate;

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)1 and Article 44(1) of the Road Traffic Act concerning criminal facts;

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 (including reflectivity, comprehensive insurance, and records of the same punishment, etc.);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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