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(영문) 울산지방법원 2019.09.19 2019고단2040
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On February 26, 2019, at around 22:48, the Defendant driven the said car while under the influence of alcohol of 0.131%, and led to two-lanes of the two-lane road in front of the Ulsan-gu Crin-gu Seoul Metropolitan City along the two-lanes from the side of the D Broadcasting Station to the E-building.

Since there is a road where the center line of yellow solid lines is installed, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving in line with lanes.

그럼에도 불구하고 피고인은 위와 같이 술에 취하여 이를 게을리 한 채 중앙선을 침범한 과실로 때마침 맞은편 도로에서 신호 대기 중이던 피해자 F(여, 46세)이 운전하는 G 모닝 승용차의 왼쪽 앞 펜더 부분을 피고인이 운전하는 승용차의 앞 범퍼 부분으로 들이받고, 그 충격으로 위 모닝 승용차가 튕겨나가면서 뒤쪽에서 신호 대기 중이던 피해자 H(여, 54세)가 운전하는 I 그랜저 승용차의 뒤 범퍼 부분을 위 모닝 승용차의 왼쪽 뒤 펜더 부분으로 들이받게 하였다.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, such as pleke, which requires approximately six weeks of medical treatment, and the victim H, for about two weeks of medical treatment, and for the part and the part and the part and the part and part of the arms, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and J;

1. The actual condition survey report;

1. Report on the results of the control of drinking driving, the circumstantial statement of the surrounding driver, and investigation report (report on the circumstances of the drinking driver);

1. A medical certificate (F);

1. Application of Acts and subordinate statutes, such as a letter of request for investigation cooperation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts as to each applicable provision of the relevant Act.

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