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(영문) 울산지방법원 2017.08.16 2017고단957
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 19, 2017, the Defendant, while under the influence of alcohol content of 0.196% in blood around 10:00, proceeded with the two-lane road in front of the “Slive Central Hallenz,” along the south-west East East East East East East-gu, Ulsan along the two-lane road along the intersection between the Triter and the southwest of the prosperity.

Since there is a center line of yellow solid lines, in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and safely drive the motor vehicle with the duty of care.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to influence of drinking, and due to the negligence of driving the center line, which led to the negligence of driving in the opposite lane, and led the victim C(30) driving in the opposite lane, to the front part of the said franchise vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. Violation of the Road Traffic Act (drinking) driving a vehicle owned by the Defendant under the influence of alcohol 0.196% of alcohol content in blood, from the Defendant’s house located in Ulsan-gu D as of the date and time set forth in paragraph 1 to the above “Newn Central D” on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident (C);

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes (C);

1. Injury or injury caused by the operation of a risk of the choice of punishment and relevant legal provisions concerning the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) 2 of the Road Traffic Act.

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