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(영문) 울산지방법원 2013.09.12 2013고단2354

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 April 6, 2013, the Defendant is a person who is engaged in driving B car, and operated the above vehicle while under the influence of alcohol concentration of 0.156% on blood alcohol level on April 6, 2013, the Defendant was driving the above vehicle on the side of the Piana Kloak-gu 599-8, Ulsan-gu, U.S., Ulsan-gu, U.S.-dong, and led the Piana Kloak-gu road in front of the Kloak-gu K

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as taking care of the right and the right and the right and the right and the right and the right and the right and right of the vehicle,

Nevertheless, the Defendant did not find out the victim C (n, 70 years of age) who walked on the right side of the running direction due to a stroke driver's negligence while under the influence of alcohol, and did not take the victim C (n, 70 years of age). As the part of the Defendant's vehicle in front of the right side of the vehicle, the Defendant got over the part of the victim's left side and suffered about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and on-site photographs of the police;

1. A report on the actual state of driving at the police station;

1. Application of statutes to the written diagnosis of victims;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving and the choice

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the lowest sentence shall be the one provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which the punishment is heavier (Provided, That the lowest sentence shall be the one provided for in the

[Attachment]

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is high, and the injury suffered by the victim is high.