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(영문) 울산지방법원 2016.09.06 2016고단2451
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on May 22, 2014.

1. On June 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant), even though it is difficult to drive normally, such as high face while under the influence of alcohol of 0.182% on blood alcohol, low string of red and walking, and inabstiny, the state of speech and behavior is inaccurate, the Defendant was driving BMW car and driving two lanes along the two-lanes near the CMW road, which is located in the name of the southwest-gu, Ulsan-gu, Ulsan-gu, by driving the BMW car.

Any person who is engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and shall not drive a motor vehicle at a speed or in such a manner as to cause any danger and injury to others by accurately operating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding, and the Defendant was driven by the victim C(the age of 42) who was driving on the front side to reduce the speed to make a right-hand on the front side, and was driven by the victim C(the age of 42).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer injury, such as the trend of light and tension, which requires the victim to receive treatment for about two weeks.

2. The Defendant was under the influence of alcohol level of 0.182% at the above temporary border, and was driving the said car at a section of about 4.5 km from the Do adjacent to the hybrid in Ulsan-gu, Ulsan-do to the above accident location.

Accordingly, the defendant violates Article 44 (1) of the Road Traffic Act at least twice.

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