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(영문) 울산지방법원 2016.07.19 2016고단1741

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and on May 18, 2013, the Defendant driven a motor vehicle under the influence of alcohol of KRW 0.085% during blood, and on June 3, 2016, on June 11, 2016, the Defendant was sentenced to imprisonment of one year and six months and three years of suspended execution at the Ulsan District Court, and the judgment became final and conclusive on June 11, 2016.

1. On December 23, 2015, the Defendant: (a) driven a B-motor vehicle around 17:20 on December 23, 2015; and (b) driven a two-lane road at the entrance distance of an elementary school, the distance of which is 2443, from the inside side of the road of the race-dong Eup industry, along the two-lane road along the coast width.

Although a driver of a motor vehicle has a duty of care to thoroughly prevent traffic accidents by driving the motor vehicle at the front time, the defendant, while driving the motor vehicle in a state where normal driving is difficult due to alcohol concentration of 0.126% under the influence of alcohol during blood, due to negligence that caused the driver's failure to drive the motor vehicle in the front time, and caused the back part of the DNA motor vehicle of the victim C(47 years old) who was signaled in the front bank to the front part of the motor vehicle of the defendant.

Ultimately, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to drinking, suffered from the victim’s injury, such as salt, tension, etc. in the chill that requires treatment for about two weeks by negligence in the above business.

2. On December 23, 2015, the Defendant was under the influence of the alcohol level of 0.126% among the blood transfusion around 17:20 on December 23, 2015, and the Defendant was under the influence of alcohol level of 0.126% on December 23, 2015, and the Defendant was under the influence of 10km in front of the coastal elementary school located in the same city-dong Eup industry from the front day of the lake at the time of racing to the front distance of

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol twice or more, while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Driving of alcohol;