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(영문) 울산지방법원 2013.04.12 2012고단3878
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Ulsan District Court on September 10, 2007, issued a summary order of one million won to a fine for a violation of the Road Traffic Act, and on February 26, 2010, the same court issued a summary order of one million won to a fine for the same crime, etc. and received two times punishment due to drinking driving.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Defendant is a person engaging in driving service of MaXU 500C otoba.

On November 6, 2012, at around 20:45, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.153%, was unable to drive normally, was driving the otobane with a view to driving the obane, and the front distance intersection from among the obane in the mountain-dong, Ulsan-gu, Ulsan-gu to turn to the left at a level of about 20 km speed per hour from the ebbbbbs of the ebspon distance to the ebspheric air.

Since there is a long distance intersection where traffic control is not performed, there was a duty of care to check whether there is a vehicle driving by reducing the speed or temporarily stopping the vehicle for the driver of the vehicle, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected to turn to the left without neglecting it due to negligence as above, and was driven by the victim B (the aged 53) who was in the right-hand turn from the front left-hand room at the time, and was driven by the victim B (the aged 53) prior to the driver's seat of the CMF7 car, on the right-hand side of the victim.

As a result, the Defendant suffered injury to the fat, etc., which requires approximately two weeks of medical treatment from the victim due to the above occupational negligence, and at the same time damaged the victim’s car to be damaged by KRW 1,93,584 of repair cost.

2. At the date and time specified in the above paragraph (1), the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) shall be approximately 500 meters from the cafeterias located in Ulsan-dong, Ulsan-gu to the scambling distance from the cafeterias located in such Ulsan-dong.

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