beta
(영문) 울산지방법원 2014.02.10 2013고단4131

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

1. Around 20:45 on October 8, 2013, the Defendant driven the said vehicle under the influence of alcohol content of about 0.29% in a section of approximately 300 meters from the 300-meter distance from the front side of the Ulsan-gun Office in Ulsan-gu, Ulsan-gu to the same-dong-dong-dong-dong.

2. On October 8, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car at a speed of about 50 km from the jurisdiction of the Ulsan-gu Office to the court at a speed of about 50 km.

At the time, there are nights, there are cross-sections in the front and after the intersection, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by proceeding the right side of the center line as well as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive in a state where it is difficult for the Defendant to drive in a normal condition, and obstructed the center line, and caused the victim E to suffer from the injury, such as the erode, erode and tension, which are driven by the victim C(the age of 61) who was under the traffic signal stop on the left-hand side due to the negligence in the course of business running on the right-hand side. The Defendant continued to have the front-hander of the DST5 vehicle driven by the victim E(the age of 48) who was under the traffic signal stop after the above SM5 vehicle, and sustained the victim C with a fststropty car driven by the victim E(the age of 48) who was under the traffic signal stop at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. C’s accident explanatory note, E’s traffic accident-related person’s statement;

1. The actual condition survey report;

1. A request for appraisal, reply and written appraisal;

1. A report on detection of a host driver;

1. Exemplary drivers;