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(영문) 울산지방법원 2018.10.18 2018고단1983
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving a motor vehicle with C high speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 24, 2018, the Defendant driven the above vehicle under the influence of alcohol level of 0.270% among blood transfusion around 01:30, while driving the above vehicle, and proceeded with a two-way road of the ASEAN, which is located in the northwest-gu, Ulsan-gu, Ulsan-do, Ulsan-do, at a speed of about 60km per hour, depending on the one-lane distance from the opposite side of the west-gu.

The driver of a vehicle has a duty of care to prevent accidents from driving at a speed or in a manner that inflicts any danger and obstacle on people according to the road traffic situation and structure and performance of the vehicle, while getting off and off at night, and the transition of the road is coming, and thus, the driver of the vehicle has a duty of care to prevent accidents from driving at a speed or in a manner that causes danger and obstacle to people.

Nevertheless, the Defendant neglected to do so, while driving in a state of difficulty, such as being driven by a breag in a state of breaging and driving by breaging the head of thelight, and caused the damage to the passenger vehicle driven by the victim D (22 aged) who was going on the right-hand two-lane, by changing the vehicle to one-lane, the Defendant shocked the part of the damaged vehicle by the blag of the front pentel part of the Defendant’s vehicle.

In the end, the Defendant suffered injury, such as the right shoulder, scarlet, scarlet, left-hand leg, etc., which requires approximately three weeks of treatment to the victim D due to the above occupational negligence.

2. When the Defendant was under the influence of alcohol level of 0.270% from the blood alcohol level during the day indicated in paragraph (1), the Defendant driven the above C-W car at a distance of about 3 km from the 1st to the 2nd intersection road of Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. The defendant's person;

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