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(영문) 울산지방법원 2019.05.22 2019고단625
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

1. Around January 22:25, 2019, the Defendant was driving a Clearning car under the influence of alcohol of about 10km from the 10km section to the second-class parking lot of the same Gu, the blood alcohol concentration of which is about 0.115% from the 10km section to the 2nd floor of the old B apartment.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles.

On January 16, 2019, at around 22:25, the Defendant driven the said vehicle while under the influence of alcohol with 0.115% of alcohol concentration 0.15%, and stopped by a G car of the victim F (57 years old) who was under normal course, while driving the said vehicle along the road of four lanes in the northwest-gu, Ulsan International Airport along one lane from the upper direction of the road.

At the time, the victim was aware of the defendant's drinking driving and was on the side of the defendant's driver's seat in order to allow the defendant to get off the vehicle, so in such a case, there was a duty of care to prevent the accident by driving the vehicle safely, such as accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant divided the blood color into red and light, and even though it is difficult for the Defendant to drive the vehicle normally, such as the walking distance, the victim, who was using the driver's seat of the said vehicle due to the negligence behind the said vehicle, faced with the body of the Defendant and led the driver's seat in a number of meters.

In the end, the defendant is in need of a two-day medical treatment for the victim by driving the above-learning car in a situation where normal driving is difficult due to influence of drinking.

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