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(영문) 울산지방법원 2017.05.12 2017고단679

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

【The Defendant was sentenced to a fine of KRW 5 million at the Ulsan District Court on April 23, 2008 due to a violation of the Road Traffic Act (drinking driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerous to Death or injury prior to the death). On January 30, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 years for eight months by imprisonment with labor for a violation of the Road Traffic Act (dacting driving), a violation of the Road Traffic Act (dacting driving), a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, a violation of the Guarantee of Automobile Compensation Act, a violation of the Road Traffic Act,

【Crimes】

1. Crimes committed on October 24, 2016;

A. The Defendant is a person engaging in driving a motor vehicle with D high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 24, 2016, the Defendant driven the said car under the influence of alcohol content of 0.227% in blood around 20:50 on October 24, 2016, and proceeded at the speed of about 30 km from the border to the long distance of postal administration at the speed of about 30 km.

Since there is a long distance intersection where signal lights are installed, the driver of the motor vehicle had a duty of care to prevent accidents in advance by driving the motor vehicle safely by reducing speed by properly examining whether or not the motor vehicle driven ahead of it in accordance with the new code.

Nevertheless, the Defendant neglected to drive the vehicle in such a situation where it is difficult for the Defendant to drive the vehicle normally due to the above influence of drinking, and was negligent in proceeding without due care as to whether or not the vehicle driven ahead of it, and was driven by the victim E (57 years old) driving, which was stopped for the signal waiting in the front bank, as the front part of the car in front of the said high-speed taxi.

Ultimately, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and inflicted injury on the victim E, such as salt, tension, etc. in need of approximately three weeks medical treatment, the victim G(45) who is the passenger of the said taxi, and the victim H(39).