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(영문) 울산지방법원 2020.08.19 2020고단1892

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for a term of one year and two 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

On August 10, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act, etc. at the Daejeon District Court, and on April 27, 2016, the Defendant was issued a summary order of KRW 1.5 million with the same crime, etc. at the Ulsan District Court.

The defendant is a person who is engaged in driving Obane.

At around 01:50 on April 12, 2020, the Defendant driven the above Orala while under the influence of alcohol of 0.139%, and driven the two-lane road in front of Ulsan-dong C, Ulsan-do, along the one-lane way from the distance of the chemical park to the D market.

At the time, at night and its location was a road where the center line of yellow-ray is installed, and the opposite part of the direction of the Otoba, other vehicles were in operation. As such, the defendant engaged in driving service had a duty of care to prevent accidents by accurately manipulating and proceeding the steering gear on the right side of the above center line.

Nevertheless, the Defendant neglected this and proceeded in a state where normal driving is difficult under the influence of alcohol, such as influorous and unleashing body, and due to the negligence of breaking the central line, the Defendant shocked the front part of the victim E (Nam, 57 years old) driving in the opposite direction to the said direction of the Obaba, with the front part of the above Obaba.

As a result, the Defendant driven the above Oral brea in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. in need of medical treatment for about two weeks, and violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. On-site photographs and the actual survey report of the traffic case;

1. The results of the drinking driving control, the report on the circumstantial statement of the drinking driver, the investigation report (the circumstantial report of the drinking driver), the delivery and reception (the attachment of accident video CDs).

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