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(영문) 울산지방법원 2019.03.21 2018고단3731

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

On July 29, 2008, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine in the same court on March 18, 2009, respectively.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant who is engaged in driving B.

On November 5, 2018, the Defendant driven the above passenger vehicle at around 22:55, and led to the flow along the intersection road in Ulsan-gu, Ulsan-do along the intersection between the middle intersection and the middle intersection, along the three-lanes between the two-lanes.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as taking the front door, left door, and left door well, and accurately operating brakes, steering gear, and other devices.

Nevertheless, the Defendant, while under the influence of alcohol level 0.174%, driven in a state where it is difficult to drive normally due to the influence of drinking, such as that the walking is long-distance, the walking is snowed, and a large face is red, followed by the Defendant’s negligence by driving in the same direction as that of the victim C(49 years old) who was waiting for a signal signal at the three-lane 1 lane in the same direction.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as light dynasium in need of approximately two weeks of treatment, the injury to the crynasium in need of light dynasium treatment for about two weeks to the victim E (the 19-year-old passenger) who is the passenger of the above cynasium, and the injury to the victim F (the 50-year-old passenger) who is in need of light dynasium treatment for about two weeks.

2. On November 5, 2018, the Defendant is under the influence of alcohol with a blood alcohol concentration of 0.174% from the section of about 10km from the front road in Ulsan-gu G to the intersection of the valley specified in paragraph (1) at around 22:55 on November 22, 2018.