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(영문) 울산지방법원 2012.12.28 2012고합503
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2008, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million from the same court on August 23, 2010 to a fine for the same crime.

1. Around 23:20 on October 23, 2012, the Defendant driving a B earth car while under the influence of alcohol at approximately 0.280% of the blood alcohol concentration at the section of about 5km to the front of the 5km real estate in front of the frequency where it is impossible to find out the trade name in the valley-gun of Ulsan-gun, Ulsan-gun. B. In short, the Defendant driven a B earth car in the state of under the influence of alcohol concentration of about 0.280% in front of the present real estate located in the same military blue-do rate.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving the said car;

As above, the Defendant, while under the influence of alcohol, was unable to drive normally due to a red, irregular, and walking, had his face driven from the front side of the second two lanes of the two-lane road in front of the real estate at the same time.

There is a crosswalk where a signal, etc. is installed, and the defendant has the duty of care to secure and proceed with a safe distance to avoid a stop of a rocketing car by reducing speed and checking well the front direction of the car, as the defendant who is engaged in driving of the motor vehicle, has the duty of care to ensure the safety distance to avoid a stop.

Nevertheless, the Defendant was driven by the victim C, who was under a stop according to the stop signal due to the negligence of excessive driving by neglecting this, and received the rear part of the above rocketing car driving by the Defendant.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and around three weeks of medical treatment to the victim E (V, 45 years of age) who is a passenger of the said rocketing car.

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