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(영문) 울산지방법원 2014.02.07 2013고단3529
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

Punishment of the crime

1. Around 07:10 on August 29, 2013, the Defendant driving a DK5 vehicle under the influence of alcohol content of 0.209% at a section of approximately 500 meters and at the same time at the intersection of the Geongdong-gu Police Station located in Ulsan-gu, Ulsan-gu, Seoul-do at the front of the school park located in the same academic dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaging in driving a D K5 vehicle.

On August 29, 2013, at around 07:10, the Defendant, while driving the said vehicle under the influence of alcohol with 0.209% of alcohol concentration as seen above, and driving the said vehicle at the intersection in front of the school park in Ulsan-gu, Ulsan-gu, as an educational street outflow from the surface of the road. As such, under the influence of alcohol, the Defendant was driven by the victim E (the age 62) who was in the atmosphere of traffic signals at the center line due to the Defendant’s occupational negligence in the course of driving the central line, and was driven by the victim E (the age 62) in front of the Defendant’s left-hand vehicle, and was driven by the victim G (the age 49) while driving the vehicle, and received the front part of the passenger vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and injury to the victim G, such as salt, tension, etc. in the chill that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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