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(영문) 울산지방법원 2017.01.11 2016고단4149
특정범죄가중처벌등에관한법률위반(위험운전치상)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 October 21, 2016, the Defendant violated the Road Traffic Act (driving of alcohol) driven a D low-speed car under the influence of alcohol of 0.191% from the 2km section from the entrance of a runway in the south-gu, Ulsan-gu, Southern-gu to the front of the C in the same Gu from around 2km to around October 1, 2016.

2. The Defendant is a person engaged in driving a motor vehicle with D high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

The Defendant driven the said car at the same time and at a place as in the preceding paragraph, while under the influence of alcohol, and driven the front road C in Ulsan-gu B along the four-lane from the edge of the MBC shooting distance to the right intersection, and tried to change the course to the five-lane course.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to give an advance notice of change of course by operating a direction, etc. and to change the car line in line with the situation of traffic at the right and right.

Nevertheless, the Defendant was negligent in performing the above duty of care in a state that is difficult to drive normally due to the influence of alcohol to a distance and walk, and was negligent in attempting to make a change of the vehicle. The part on the left-hand side of the Victim E-driving XG car, which was driven on the right-hand side of the Defendant’s course, was received as the front side of the said high-speed car.

Ultimately, the Defendant caused the above victim’s injury of salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence, and the victim G who was on the above Trarash XG car suffered injury to the victim G, such as salt, tensions, etc. requiring approximately two weeks’ medical treatment, and the victim H, I, and J suffered injury, such as damage of sprinked sprinke, which requires approximately one week medical treatment.

Summary of Evidence

1. The defendant's oral statement;

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