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(영문) 울산지방법원 2020.07.22 2019고단4847
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 October 30, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

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

At around 22:30 on October 18, 2019, the Defendant driven the said fared with a blood alcohol level of 0.263%, and driven the said fared at the two-lane road in the north-gu, Ulsan-gu, U.S., the Defendant got off the said fared with one speed at the speed of the Si-speed in accordance with E on the side of the two-lane c. in front of the Ulsan-gu, U.S., the Defendant: (a) due to the influence of alcohol, the Defendant was negligent in the course of duties, which did not properly look at the front and the left while normal operation is difficult; (b) did not accurately operate the steering direction and operation of the steering system; (c) was sent to the victim F(39 years old) who was waiting in the back of the franc vehicle at the front of the farec vehicle; and (d) had the franc vehicle at the front of the franc vehicle at the front.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim F, such as salt, tensions, etc., in need of a two-day medical treatment on the part of the victim F, the victim J (F, 6 years old), and the victim K (39 years old), respectively, suffered an injury on the part of the victim J (P, 39 years old), for two-day medical treatment, and violated the provision on the prohibition of drunk driving at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H prepared;

1. Images of a screen after photographing the front-dong measure, a practical condition survey report, an investigation report (the results of analyzing the video data of a black box), and a photograph of a screen after capturing the video data;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes is applicable to the crime.

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