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(영문) 울산지방법원 2019.06.12 2019고단903
특정범죄가중처벌등에관한법률위반(위험운전치상)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

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

On November 21, 2018, the Defendant driven the said vehicle at a speed of 0.145% with a blood alcohol concentration of 22:15% on November 21, 2018, and driven the two-lane road in front of Ulsan-gu C from the innovation city to the middle-speed of the city, along two-lanes, at a speed of about 60km per hour.

At that time, in front of the defendant's moving direction, the Eunstun car driven by the victim D(26 years old) was driven by the victim D for the signal atmosphere, and thus, the driver of the vehicle had a duty of care to prevent accidents by accurately operating the operation of the operation and steering gear and accurately.

Nevertheless, the Defendant, under the influence of alcohol, went to the front part of the car driven by the Defendant due to the negligence of driving the said car by neglecting it, and caused the instant rocketing car to be pushed back in the front part of the car driven by the Defendant, and due to the shock, the said rocketing car was pushed down in the future, and was driven by the victim FF (hereinafter, 56 years old) in the front part of the vehicle driven by the Defendant.

As a result, the Defendant driven the said low-priced car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victims, such as dump, tension, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. A report on the occurrence of a traffic accident, on-site map, photographs of the scene of the accident, and a survey report on actual condition;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018; hereinafter “former Act on the Aggravated Punishment, etc.”) concerning criminal facts under the relevant criminal facts, Articles 148-2(2)2 and 44 of the Road Traffic Act.

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