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(영문) 울산지방법원 2016.12.08 2016고단3376

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 23:00 on September 2, 2016, the Defendant driven a Karen car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.223% from the 400m section to the “D” road located in the same Gu C from the Defendant’s house located in Ulsan Jung-gu B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) led the Defendant to drive the said vehicle at a speed of about 50km from the right side to the right side of the running distance while under the influence of alcohol level of 0.23% on the road above D’s above “D” at the same time.

Since there was a cross-section with a non-protective left turn signal, there was a duty of care to prevent accidents in advance by checking the front side and the left and the right of the driver of the vehicle, and checking whether there was a vehicle in the opposite line in accordance with the straight line, and safely turn to the left.

Nevertheless, the Defendant was able to obtain the right side of the said car from the victim F. (S. 44 years old) driving G X-F. (S.) driving G X-F. (S.) driving on the opposite side of the said car, which was driven by a f.m. with a red and smelling f.m. so far as the face is so severe that it would be possible for the Defendant to take the right side of the said car.

Ultimately, the Defendant driven a car in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as an injury on the left-side side of the motor vehicle requiring medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

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

1. The driver's license ledger and the verification institute of subscription;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Criminal facts;