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(영문) 울산지방법원 2017.08.09 2017고단1059

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a CSP car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 23, 2017, the Defendant driven the said car from No. 92-ro 23, Ulsan-gu, Ulsan-gu, Seoul-ro, 2017, and was proceeding to Samsung Apartment apartment from the private distance to the private distance.

Since it is an intersection with a signal apparatus, a person engaged in driving a motor vehicle has the duty of care to safely drive the motor vehicle without the influence of alcohol.

Nevertheless, the Defendant, while under the influence of alcohol content 0.177% in alcohol, was driven by an accelerator as is in a red fluor and continued to drive a green fluor to the right side of the Defendant’s left side, was driven by the victim D(54 tax) who is proceeding to the green fluor to the right side of the Defendant’s left side as the front side of the instant spha taxi, and continued to stop without stopping even thereafter, received the front part of the GUF (40 years old)’s bus driving ahead of the said vehicle.

As a result, the Defendant driving a motor vehicle under the influence of drinking that it is difficult for the Defendant to drive the motor vehicle in a normal condition, resulting in the victim H, who gets in the victim D and the victim H, in need of a two-day medical treatment, and suffered from the victim F, the victim F, who is in need of a medical treatment for a day.

2. On January 23, 2017, the Defendant: (a) driven a C SP car under the influence of alcohol content of at least 0.177% in the section of approximately 1km from the place near Ulsan-dong Hospital in Ulsan-gu, Ulsan-gu to the front day of the same lifelong distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of fact-finding and a report of investigation (a list No. 23);

1. A written statement and investigation report (Evidence No. 22) on the driver’s license in the main place;

1. Each written diagnosis shall be governed by statutes.