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(영문) 울산지방법원 2017.09.26 2017고단2479

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle at the end of C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 14, 2017, the Defendant driven the said car under the influence of alcohol content of 0.170% during blood transfusions, and driven the eropologal distance from the south Tri-distance from the south Tri-gu defensive power-based Magsan-si, Ulsan-si.

At night, there was a signal apparatus installed at that time, so in such a case, a person engaged in driving of a motor vehicle had a duty of care to safely drive the motor vehicle according to the name of the person who is engaged in driving the motor vehicle.

Nevertheless, the Defendant, as seen above, was negligent in driving while making it difficult to drive a car normally due to influence of drinking and due to the negligence in violation of the new subparagraph, and received the part on the right side of the victim D(22 ) ERabn in the opposite side of the vehicle of Defendant D(22) which was left left in accordance with the new subparagraph from the opposite side.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) driving a car at the same time with the alcohol concentration of about 500 meters from the 50-meter section from the front side of the wood elementary school located in the Dong-dong-gu, Ulsan-si, Ulsan-si to the place indicated in paragraph 1 (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) and Article 148-2 (1) of the same Act concerning the crime, shall be applicable to each of the imprisonment.