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(영문) 울산지방법원 2016.07.14 2016고단1737
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 23, 2016, the Defendant, in violation of the Road Traffic Act (drinking) driven a B cruise car under the influence of alcohol content of about 0.192% at a section of about 500 meters in front of a restaurant, from a section of approximately 500 meters to the front road of the prosperity distance located in the south-gu, Ulsan-gu, Seoul-do.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk), driving the above car at the time of the above day and driving the road of the 6-lane distance which is located in the south-gu, Ulsan-gu, Chungcheongnam-gu, Seoul-do along the direction of about 20km each hour at the speed of about 20km along the direction of the road from the direction of the chill-dong and the direction of the chill-dong.

At all times, the intersection where signal lights are installed on the front side of the vehicle in the front side of the vehicle operation of the defendant, and as the DNA car driven by the victim C (the victim 39 years old) was stopped according to the stop signals, there was a duty of care to prevent the shock with the vehicle in front by putting the front side and operating the steering and steering system accurately.

Nevertheless, the Defendant, under the influence of alcohol as stated in Paragraph 1, neglected to perform such duty of care in a state that it is impossible to drive a car normally, such as a red, string, and leashing, due to occupational negligence, caused the Defendant to suffer injury, such as fluoral fluor, which requires approximately two weeks of treatment of the cruise car, and caused the Defendant to suffer injury, such as fluoral fluor, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Cut a photograph and a black cambling;

1. Inquiries about the results of crackdown on drinking;

1. The main entry report and the main entry statement;

1. Making teas;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of penalty;

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