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(영문) 울산지방법원 2018.11.09 2018고단2835
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Criminal facts

1. The defendant is engaged in the duty of driving a motor vehicle B in a specific crime against the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily causing danger driving).

On June 29, 2018, the Defendant driven the above car at around 22:49, and led to the passage of the road front of the Geong-gu, Ulsan-gu, Ulsan-do to the Geong-gu apartment complex at the right flick.

At the time, there are nights and vehicles waiting to signal at the front door, so there was a duty of care to prevent accidents by driving safely, such as thorough operation of the brake system, etc.

Nevertheless, the Defendant, while under the influence of alcohol 0.261% during blood alcohol, driven by negligence while driving in a state where normal driving is difficult due to the influence of alcohol, such as red, with a large string and face color, and led to the Defendant’s collision with the front part of the car in front of the Defendant’s driving of the instant vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as catum dump, which requires approximately three weeks of medical treatment.

2. On June 29, 2018, the Defendant: (a) driven the vehicle described in paragraph (1) while under the influence of alcohol 0.261% of alcohol at approximately 50 meters from the 50-meter section from the front side of the entrance of the eroke-dong, Ulsan-gu, Ulsan-gu, Seoul-do, to the front side of the same eropic road; (b) on June 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a police officer's on-site photograph, a field map, a photo taken again at the time of a field investigation, a survey report on the actual condition of a main driver, a statement on the circumstances of a main driver's driver, a inquiry of the results of crackdown on drinking driving, a photograph of a damaged vehicle, a photograph of a vehicle for regulating parking control camera image, a written estimate to be taken;

1. Application of the Acts and subordinate statutes to the victim diagnosis report;

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