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(영문) 울산지방법원 2019.03.22 2018고단3872
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 10, 2007, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 10, 200, and a summary order of KRW 7 million with the same crime in the same court on January 27, 2016.

【Criminal Facts】

The Defendant is a person engaging in driving a motor vehicle B.

1. On November 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said car while under the influence of alcohol level of 0.145% on blood alcohol level around 19:5 on November 24, 2018, while driving the said car, and driving it on the front road in Ulsansan-gu C from E to Fschool level.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to pass the center right side of the road.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G(39 years of age) who was driven by the center line due to the negligence of driving by the center line while the blood is red and walking is difficult to drive normally, such as the remote distance. As above, the Defendant was driven by the Defendant’s top part prior to the left-hand edge of the vehicle by the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have any wife in two open for about three weeks of treatment.

2. Around 19:55 on November 24, 2018, the Defendant driven a B lus vehicle while under the influence of alcohol at about 0.145% of the blood alcohol concentration on the road located within about 1km from the 1km north-gu, Ulsan to the roads in front of the same J.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol.

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