beta
(영문) 울산지방법원 2019.10.17 2019고단2000

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On September 16, 2015, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on December 21, 2016, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK3.

On May 4, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.086% 0.086% under the influence of alcohol without obtaining a driver’s license on May 4, 2019, and driven the intersection of the private distance of 81, Ulsan-gun, Ulsan-gun, Ulsan-gun 1, Ulsan-gun 81.

Since there is an intersection where signal lights and yellow net lines are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle along the lane in accordance with the new code and to prevent the accident by safely driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in front of a car driven by the Defendant by the victim C (the 26-year-old) who was in the atmosphere of the signal at the time when the Defendant violated the signal and got off the center line by neglecting it, and was in front of the car driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and suffered injury to the victim E (the 19 years old) who is a passenger of the said maize car, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks.

2. On May 4, 2019, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) around 03:26 on May 4, 2019, the blood alcohol concentration of the Defendant without obtaining a driver’s license in the section of about 10km in front of the lower intersection by the front side of the 10km area of the front side of the mountain-gu, Ulsan-gu, Ulsan-gun Industrial Complex located near the New Eastern Industrial tower.