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(영문) 울산지방법원 2017.10.27 2017고단2744
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

Criminal facts

【Criminal Records of Crimes】 On June 18, 2009, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking), and a fine of KRW 1.5 million for the same crime at the same court on March 13, 2015.

【Crimes】

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

On July 21, 2017, the Defendant driven the said car under the influence of alcohol content of 0.233% in blood, and proceeded with a four-lane road in front of Ulsan-gu Seoul by driving the said car at a speed of 0.23% in the direction of the “surgic funeral distance” from the “surgic distance of the place of business where the vehicle is registered,” to the “surgic funeral distance,” two-lanes, namely, about 41-50km in speed.

At the time, there is an intersection where signal lights are installed at night and at the front, so in such a case, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking whether there is a vehicle parked in the signal atmosphere.

Nevertheless, the Defendant was negligent by neglecting his/her duty to drive a motor vehicle under the influence of alcohol as seen above while driving a motor vehicle in a state where he/she is unable to drive a motor vehicle under normal conditions, such as a big distance, and due to the negligence of the Defendant’s failure to do so, the lower part of the victim E (29 years old) driving a motor vehicle under the signal waiting at the front side of the motor vehicle was the front part of the said motor vehicle.

As a result, the Defendant suffered injury to the victim, such as cerebral finites, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking) by the Defendant is an offense of violating the Road Traffic Act (drinking) by driving a rocketing car while under influence of about 0.23% of alcohol concentration in a section of approximately 1.5km from the direction of the road near the north-gu, Ulsan-gu, Ulsan-do, Seoul-do, to the above D-do road.

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