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(영문) 울산지방법원 2017.07.20 2017고단1942
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On March 13, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on July 27, 2012, the Defendant was sentenced to a fine of KRW 7 million for the same crime in the same court on July 27, 2012, and on May 25, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the same court on May 25, 2017, and is currently pending in the appellate trial.

1. The Defendant is a person who is engaged in driving a vehicle B with the highest bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 21, 2017, the Defendant, while under the influence of alcohol at around 07:10% during blood, driven the said high-priced vehicle with the alcohol content of 0.178%, and proceeded at a speed of approximately 51-60 km per hour at the hump of Ulsan-gu, Ulsan-gu.

Since there is a center line of yellow solid lines, in such a case, there was a duty of care to prevent accidents in advance by thoroughly driving the front line and safely driving the car line to those engaged in driving service.

Nevertheless, the Defendant 1, who was negligent in driving and driving along the opposite line on the part of the victim I (46) driver's vehicle, who was driving along the opposite line by the negligence in the middle line while neglecting this as above, was faced with the front part of the driver's vehicle in front of the said passenger vehicle in front of the said passenger vehicle in front of the said passenger vehicle in front, due to the shock of the said vehicle in front of the said vehicle in front, and was pushed back by the said vehicle in front of the said vehicle in front, and led to the following behind the said vehicle in front of the said vehicle in front, the Defendant 1 would be faced with the front part of the victim J(60 years old) driver's vehicle in front of the said vehicle in front of the said vehicle in front.

After all, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, such as having almost no horses at the time, and having a red and clear face, and suffered injury to the victims, such as salt dump, tension, etc. for about two weeks of treatment.

2. Violation of the Traffic Act on roads;

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