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(영문) 울산지방법원 2020.04.10 2019고단3958

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.

On September 2, 2019, the Defendant driven the above vehicle at the speed of 0.182% in which it is difficult to drive the vehicle normally while under the influence of alcohol on September 22, 2019, and driven the 5-lane road at the intersection of Ulsan-gu Contiguous-gu, Ulsan-gu, the Defendant driven the said vehicle at the speed of fluort, depending on one lane towards the Ulsan Airport.

At the time, there are nights and vehicles standing in order to signal the atmosphere, so there was a duty of care to prevent traffic accidents in advance by thoroughly operating the steering staff of the vehicle and accurately operating the steering and steering devices.

Nevertheless, the Defendant, while under the influence of alcohol, was in a state of difficulty in driving normally, such as the walk-distance and the shocking of the inside-way, but due to negligence while driving the said vehicle and driving it on the front side of the same lane, was driven by the victim D (58 years old) who was stopped in order to turn the signal at the same lane as it was.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a B rocketing car in the state of alcohol alcohol concentration of about 0.182% at the 3km section from the road near the market 2-ri distance adjacent to the north-gu, Ulsan-gu, Seoul-gu, Seoul-do, to the said Gu Cin-gu intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, on-site photographs, and medical certificate;

1. Application of Acts and subordinate statutes to a report on the results of crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Relevant Articles of the Act concerning the facts constituting the crime;