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(영문) 울산지방법원 2018.01.16 2017고단4011

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

1. The Defendant is a person engaging in driving a BYF rocketing car.

On September 27, 2017, the Defendant driven the said car under the influence of alcohol content of 0.211% in blood around 11:00 and led to a two-lane road along the intersection of large distance, such as where the said car is in the flow of Ulsan-dong, Ulsan-gu, Ulsan-gu, and the two-lane road was proceeding at a speed in the speed of non-speed in accordance with the speed of time, depending on the long distance of defensive at the slope of the bathing beach located in the mountain.

At the time, the vehicle was down and there was a large flow of the vehicle, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business, to properly manipulate the brakes and steering gear, and to prevent accidents in advance.

Nevertheless, the Defendant, while driving the said vehicle in a state where it is difficult to drive the vehicle normally due to an incorrect, narrow, snow, etc., under the influence of alcohol, even though it is difficult to drive the vehicle. However, the Defendant received a separation unit installed on the central line, and the distribution of the vehicle in the signal waiting in the direction opposite to the Defendant’s proceeding, led the victim C(W, 55 years old)’s DNF rocketing car in the direction opposite to the Defendant’s proceeding.

As a result, the Defendant driven the above YF Launa while it is difficult to drive in a normal way due to influence of drinking, and suffered from the victim’s salt, tension, etc. in need of approximately 2 weeks medical treatment.

2. Violation of the Road Traffic Act (In the event of an accident), the Defendant, at the time, at a place under the preceding paragraph (1), was driving a YF rocketing car under the preceding paragraph with the difficulty of normal operation, and was placed on the median line, and the strike was under the direction opposite to the Defendant’s proceeding, led the victim C to shock the left side of the DNF rocketing and other automobiles owned by the victim C, which were in the atmosphere of signal.

Ultimately, the Defendant.