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(영문) 울산지방법원 2019.10.02 2019고단2319
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

1. The defendant is a person who is engaged in driving service of freight Class B Ⅱ.

On June 6, 2019, at around 18:25, the Defendant driven the above vehicle while under the influence of alcohol 0.24% of alcohol level, and driven the front road of Ulsan-gu C in the direction of the office of education along two-lanes.

The defendant's blood color is inaccurate and inaccurate, and pedestrian walking is difficult to drive normally due to influence of drinking, such as a long distance. The defendant's negligence caused by the driver's negligence in the front section of the E G70 car driven by the victim D (V, 47 years old) who is waiting for signal at the front section.

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

2. Violation of the Road Traffic Act (driving) the Defendant driven a B Poter II cargo vehicle while under the influence of alcohol with approximately 0.244% alcohol level on the road at approximately 12 km section from the F market in Ulsan-gu, Ulsan-gu, to the front of Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Selection of each sentence of imprisonment;

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. Probation;

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