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(영문) 울산지방법원 2019.07.11 2019고단1323

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

On February 25, 2019, at around 01:20, the Defendant, while under the influence of alcohol of 0.238%, driven the said car with a blood alcohol concentration of 0.238%, and led the Defendant to turn to the left at the middle section of the middle section of Ulsan-gu, Ulsan-gu, the Defendant sent a signal at one lane among the four-lane roads, in order to turn to the middle section C from the prosperity intersection.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and steering devices of the driver of the vehicle.

Nevertheless, the Defendant considered that the victim D (the age of 63) was at a high risk of accident due to the Defendant's negligence of operating a vehicle rapidly without putting the front door in order to avoid the detection of drunk driving in a situation where it is difficult to drive under normal conditions, such as a breath, red, and walking a light, etc., and that the victim D (the age of 63) was at a higher risk of accident due to the Defendant's drinking driving, due to the Defendant's E-business taxi, which was a vehicle for the E-business use of the Defendant, obstructed the Defendant's course of the vehicle running in the vehicle for the above cryp of the vehicle, which was driven by the Defendant due to the Defendant's failure to keep the front door properly.

As above, the Defendant: (a) while driving the said car in a state where it is difficult to drive the car normally due to influence of alcohol, and driving the said car at the damaged vehicle, suffered injury to the victim D, such as salt, tension, etc. in the part where it is not possible to treat the damaged vehicle for about two weeks; (b) injury to the victim F (33) who was on board the damaged vehicle, such as salt, tension, etc. in need of treatment for about two weeks; and (c) at the same time, escaped without taking necessary measures, such as providing relief to the victims, even if the said damaged vehicle was destroyed to the extent of KRW 1,065,810, as well as immediately stopping the said vehicle.