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(영문) 울산지방법원 2019.11.28 2019고단2856

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court on September 16, 2015.

1. Around 23:50 on July 11, 2019, the Defendant driven an E-Poter truck under the influence of alcohol content of about 0.230% from the section of about 1km to the road in Ulsan-gu, Ulsan-gu, Seoul-do around 00:08, the Defendant driven an E-Poter truck under the influence of alcohol content of about 0.230% from the section of approximately 1km from July 12, 2019 to the road in Ulsan-gu, Ulsan-gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. The defendant is a person engaged in driving freight cars in Epoter from among those violating the Aggravated Punishment, etc. of Specific Crimes Act;

On July 12, 2019, at around 00:08, the Defendant, while under the influence of alcohol, driven the foregoing cargo vehicle and proceeded along the two lanes from the direction of the KBS distance to the four-lane from the direction of the KBS distance.

At the time, there are nights and other automobiles in front of and after the cargo vehicles of the defendant, so that those engaged in driving duties of the motor vehicle have a duty of care to take account of the traffic situation in the front and rear, and to accurately manipulate the steering and brake system and to observe the operating lane.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and neglected to do so, thereby being driven by the victim F.(56 years old) who is driving on the right side of the said cargo vehicle by the Defendant, and was driven by the victim F.(56 years old) who is driving on the two-lane right side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the Victim F, such as catherum, catum salt, tension, etc., which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. The actual survey report and photographs concerning traffic accidents;