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(영문) 울산지방법원 2013.12.27 2012고합523
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 19:30 on November 4, 2012, the Defendant driven a vehicle B, under the influence of alcohol at approximately 0.286% of blood alcohol level in the section of about 10 meters from the 400-13rd to the front of the Han-si located in the same Dong-dong, Ulsan-gu, Ulsan-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car B high-speed

On November 4, 2012, at around 19:30, the Defendant was under the influence of alcohol with 0.286% of blood alcohol concentration, and the face was red, big, and walking so that normal driving is difficult, and the Defendant was under the influence of driving. The Defendant was under the influence of the road of one lane in front of the Korean passenger taxi in Ulsan-gu, Ulsan-gu, U.S., U.S., the front side of the Korean passenger taxi was under the influence of Filial Elementary School.

At the time, there is a night and a place where the center line of yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the entrance of Han-si, which was driven by the victim C(the age of 48) who was under stop at the entrance of Han-si due to negligence in driving the central line, and received the front portion of the D-si driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as salt and tension of the bones of 10 days requiring medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A report on whether to drive any dangerous motor vehicle;

1. Statement on the occurrence of traffic accident;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of sound driving) as to the punishment of the crime, and each decision of imprisonment with prison labor is made.

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