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(영문) 울산지방법원 2016.08.25 2016고단1759
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. On May 20, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (draw-free driving) driving of a vehicle B at a section of about 3 km from the parking lot for the Yyang Village Apartment Village apartment located in Ulsan-gu, Busan-dong without obtaining a driver’s license for a vehicle at around 0:45 to the 0.187% alcohol concentration in the blood.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with Bhump.

On May 20, 2016, the Defendant driven the above car on May 20, 2016, and driven it along the two-lanes from the northwest-gu, Ulsan-gu, Ulsan-do to the long distance of five lanes.

In spite of the fact that a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by thoroughly operating the steering time at the front, and accurately operating the steering and brakes of the motor vehicle, the defendant neglected to do so, and the defendant, as described in paragraph 1 of the above, caused by the negligence of driving the motor vehicle at the victim C (49 years old) driving a traffic signal at the front section of the two-lane motor vehicle under the influence of alcohol concentration of 0.187% under the influence of normal driving as stated in paragraph 1 of the above paragraph, which led to the rear part of the motor vehicle of the victim C(49 years old) who driven the motor vehicle at the front section of the said motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in the driving, report on detection of the driver involved in the driving, and the register of driver's licenses;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts.

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