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(영문) 울산지방법원 2018.01.25 2017고단4325
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.182% in blood around 00:05, and led the Defendant to drive the said car at the speed of 0.182%, and proceeding about 60 km from the surface of the industrial tower at the distance of the pento-gu, Ulsan-gu to the intersection of the law-sloping distance in the south-gu, Ulsan-gu.

At the time, there is a three-distance intersection in which signal lights are installed at night, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the operation and steering gear for the driver of the motor vehicle.

Nevertheless, the Defendant, while driving the said vehicle under the influence of alcohol, is in a state where it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, such as driving the vehicle without properly examining the front side, and without accurately operating the steering direction and operating the steering system with the vehicle ahead, due to the failure to secure the safety distance with the vehicle ahead. On the other hand, the Defendant left the right side of the Category C Driving vehicle which was going on the same lane, followed the part of the Defendant’s driving with the front side of the said franchise vehicle, and continued to go on three-lanes, and received the part of the Defendant’s driving part following the Defendant’s vehicle at the FN No. NA of the victim E-driving car, which was going on the same lane.

As a result, the Defendant driving the said franchise in a situation where normal driving is difficult due to the influence of drinking, and suffered the injury of the victim E, such as salt, tensions, etc., which requires a two-day medical treatment, and the victim G who was on the said four-day-day-time-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-car

2. On November 1, 2017, the Defendant violated the Road Traffic Act (divated driving) shall sound around 00:05 square meters.

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