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(영문) 울산지방법원 2019.09.20 2019고단1510

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

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. Around 05:05 on February 2, 2019, the Defendant driven a C low-speed car with a blood alcohol concentration of 0.154% at the section of approximately 9.7km from the front of the Defense Dong Administrative Welfare Center, located in the 325-ro, Ulsan-dong, Ulsan-gu, Ulsan-do, to the front road of the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a C low-speed car.

On February 2, 2019, the Defendant driven the said car under the influence of alcohol around 05:05, and driven the front road of Ulsan-gu B at a speed of about 127 km per hour from the front intersection to the front road of Ulsan-gu, Embridge.

At the time, there are nights and there are street lamps installed on the right side of the road, so in such a case, there was a duty of care to reduce the speed to those engaged in driving service, to see the right and the right, and to accurately manipulate the steering and the brakes so as to prevent accidents in advance.

Nevertheless, by negligence, the Defendant neglected driving in a state where normal driving is difficult due to influence of drinking, and proceeded as it is, and caused the injury of the victim D (the age of 21) who was on board the front part of the Defendant’s driving vehicle by shocking the street lamps and street trees installed on the right side of the Defendant’s driving direction into the front part of the Defendant’s driving vehicle, and suffered approximately 10 weeks of medical treatment, such as the right side and mination.

After all, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each report on investigation;

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

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Responses to requests for investigation and cooperation;