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(영문) 울산지방법원 2016.08.25 2016고단1812

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 16, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.203% in a section of approximately 300 meters away from the 15-lane to the front of the Ulsan-dong-dong, Ulsan-gu, U.S., Ulsan-gu, U.S., U.S. to the front of the 16-Ma-dong tunnel.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car under paragraph 1.

On April 16, 2016, the Defendant driven the rocketing car at a speed of about 70 kilometers per hour from the front side to the south side of the marina tunnel, which is located in the Dong-dong and Dong-dong, Ulsan-gu, Ulsan-do along one lane.

At the same time, signal lights are installed on the front side of the Defendant’s vehicle driving vehicle, and since the victim C (V, 50 years old) driven by this driver pursuant to the vehicle stop signals was stopped pursuant to the new subparagraph, the driver of the vehicle has a duty of care to prevent accidents by putting the front side and accurately operating the steering and steering system.

Nevertheless, the Defendant, like Paragraph 1, neglected to drive normally under the influence of drinking, such as ina red, inaccurate, and difficult walking due to the normal influence of drinking, due to the negligence in the course of business, and caused the Defendant to suffer injury, such as the need to provide approximately three weeks of treatment to the victim, following the vehicle with the above low strawer in front of the said high strawer, and shocking the spread of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement on the circumstances of the driver placed in the main place, and response to requests for appraisal of alcohol concentration in blood;

1. A written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 (2) 1 of the Road Traffic Act concerning the crime.