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(영문) 울산지방법원 2014.10.02 2014고단2199
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 May 4, 2014, while under the influence of alcohol of 00:30%, the Defendant driven a CNS car with a blood alcohol concentration of 0.30%, and proceeds along three-lanes from five-lanes toward an industrial tower in Ulsan Nam-gu, Busan Metropolitan City. When the Defendant was negligent in the course of performing duties, he was driven by the victim D(37 years old) driving, which was temporarily stopped on the front side of the Defendant’s vehicle, for signal traffic in front of the Defendant’s vehicle, and was driven by the Defendant.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim F (the 38 years of age) who is the passenger of the above victim and the victim F (the 38 years of age) to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident-related statement of the F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury by Traffic Accidents) (Special Mitigation) (Special Mitigation) / In a case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (decision of sentence] and the degree of drinking is very serious, it is necessary to punish the defendant strictly, but considering that there are many kinds of criminal records of the same kind of crime and the degree of drinking is very serious.

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