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(영문) 울산지방법원 2018.11.01 2018고단2030
특정범죄가중처벌등에관한법률위반(위험운전치사)
Text

Defendant shall be punished by imprisonment for a term of 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

1. The Defendant is a person who is engaged in driving of a vehicle with C investment vehicle.

On April 21, 2018, the Defendant driven the said low-speed vehicle under the influence of alcohol content 0.118% during blood transfusion, and driven the six-lane of the mountain distance in Ulsan middle-gu at the speed of about 60km from the right intersection to the ebC shooting distance, depending on three-lanes from the right intersection.

At the time, since it was at night, there was a duty of care to safely operate the operation of the vehicle by accurately operating the operation and steering gear of the driver.

Nevertheless, under the foregoing circumstances, Defendant D (16) was at the front part of the vehicle in front of the vehicle, where it is difficult to find out the number of the injured party D (16 tax) who was under a stop at the front direction of the vehicle's driving due to negligence while neglecting this, and thereby, Defendant D was at the front part of the above-mentioned vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at the Ulsan National University Hospital located in Ulsan-gu, Ulsan-gu, 8777, in the same day at around 09:27, U.S. on the same day, resulting in the death of the victim due to the depression of the external wound.

2. Violation of the Road Traffic Act (drinking) driving a vehicle under the influence of alcohol level of approximately 0.118% in a section of about 1km from the front of F in the Southern-gu, Ulsan-gu, Ulsan-gu, to the long-distance of the clothes located in Ulsan-gu. The Defendant driven the vehicle under the influence of alcohol level of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts, Article 268 of the Criminal Act (the occupation of an occupational and practical doctor, selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of a drinking driver and the selection of a sentence of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) of the Criminal Act, which aggravated concurrent crimes.

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