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(영문) 울산지방법원 2017.09.12 2017고단2194

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

【Criminal Records of Crimes】 On May 14, 2008, the Defendant was sentenced to a fine of KRW 4 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a fine of KRW 2 million by the Ulsan District Court on March 15, 2010.

【Crimes】

1. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 9, 2017, the Defendant driven the above cargo while under the influence of alcohol content 0.233% among blood transfusions on May 21:15, 2017, and 0.233% of the above cargo vehicles, and led the front distance in front of the glock apartment in Ulsan-gu, Ulsan-gu to the front line of the ocean guard.

At the time, at night, the victim C(n, 46 years old) driver's car was in progress at the same lane. In such a case, there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle was at night, and (b) maintaining the distance between the vehicle and the vehicle in front, and (c) maintaining the distance with the vehicle in front.

Nevertheless, the Defendant, as seen above, was driving under the influence of alcohol, and was stopped from the front side to the signal atmosphere, and the part behind the above X-ray car was turned down to the front part of the Defendant’s cargo vehicle.

As a result, the Defendant caused the victim to suffer injury, such as finite finites, which require approximately two weeks of medical treatment by occupational negligence as above.

2. On May 9, 2017, the Defendant: (a) driven a breaon vehicle under the influence of alcohol by 0.233% of alcohol concentration in blood on a section of approximately 1.5km from the boundary of the rocks market located in Ulsan-gu, Ulsan-gu to the front distance of the apartment of the 1.5km-dong; (b) around May 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a survey report on the actual condition;