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(영문) 울산지방법원 2017.03.09 2017고단162
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On January 3, 2017, the Defendant: (a) 0.193% of alcohol content during blood transfusions around 22:30, the Defendant was under the influence of alcohol so that face is red, rhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

At the time, it is night, and at the same time, it was a one-lane road, so if a person engaged in driving a motor vehicle is backward, it was well aware that there is another motor vehicle or obstacle in the rear side, and there was a duty of care to prevent accidents in advance by accurately manipulating the brake system.

Nevertheless, as such, the Defendant neglected to do so, and thereby was negligent in driving the Defendant’s driving of the victim C (30 S) who was under a stop at the rear side of the said car at the time of the Defendant’s driver’s negligence, and received the front part of the instant car from the Defendant’s driving to the part of the Defendant’s driving.

As a result, the defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and caused the victim to suffer a knee's knee in need of treatment for about three weeks.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the above rocketing car under the influence of alcohol content of approximately 0.193% from the Do in front of a cafeteria of sexual meat in the Sung-gu, Ulsan-gu, Ulsan-do to the above 50m section from the Do in front of the above east-gu, Ulsan-do to the road A of the above east-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on the detection of a primary driver;

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 (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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