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(영문) 울산지방법원 2016.08.02 2016고단2040
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who drives a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused by death or injury) shall drive a motor vehicle under the influence of alcohol;

In addition, he/she shall accurately operate the steering system, brakes and other devices of one motor vehicle, and shall not drive it at such a speed or in such a manner as may cause any danger and impediment to others.

Nevertheless, on May 22, 2016, the Defendant driven a B-motor vehicle even though it is difficult for the Defendant to drive the motor vehicle under normal conditions, such as where the face under the influence of alcohol 0.146% during blood transfusion is red and walked with a little string and walking condition.

The Defendant, along the two-lanes of the three-lanes of the road near the Bridge in Ulsan-gu, U.S., U.S., along the two-lanes of the bridge from the north-do, the two-lanes of the bridge. The Defendant was placed in front of the Defendant’s vehicle, when the victim C (the South, 53 years old) who stops in the signal atmosphere in the front of the traffic signal line.

In addition, due to shock, the victim E(V) who stops in the signal atmosphere from the front side to the signal atmosphere was able to receive the back portion of the FF cars.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and as a result, the Defendant suffered injuries such as salt, tensions, etc. in the trend that the victim G (the 52 years of age) and the passenger was to receive medical treatment for about 3 weeks, and the victim E suffered injuries such as salt, tensions, etc. in the light of the trend that the victim E should receive medical treatment for about 2 weeks.

2. The Defendant was under the influence of alcohol level of 0.146% in blood during the day-to-day alcohol level of paragraph 1, and was driving B in a section of about 3 km from the vicinity of the New Eastdong Industrial tower in Ulsan-gu to the location of the first accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Act concerning facts constituting an offense;

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