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(영문) 울산지방법원 2014.05.30 2014고단154
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 April 1, 201, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act at the Ulsan District Court on April 1, 201, and was requested to a summary order for a crime of violation of the Road Traffic Act at the Ulsan District Court on December 17, 2013, and is a person engaging in driving of cra cars.

On December 21, 2013, at around 06:15, the Defendant driven the above vehicle while under the influence of alcohol with 0.14% of alcohol concentration 0.14%, and led to two-lanes of the road in front of the Gurii Agricultural and Fishery Products Market as the building site in Guri-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as carefully examining the right and the right of the front side, accurately manipulating the steering wheel, brakes, etc.

Nevertheless, the Defendant neglected to do so and caused the injury to the victim H(41) who was on the top of the operation of the victim D(42 years old) who was under the influence of alcohol and went ahead of the Defendant’s vehicle at the top of the Defendant’s vehicle at the same time, and caused the victim F (33 years old) to receive the rear part of the victim’s G rocketing car at the age of the said rocketing car at the front of the said rocketing car, and caused the victim H(41 years old), who was on the top of the operation of the said rocketing car, to receive approximately two-day medical treatment for about two weeks, such as catitiss and tensions, and to receive approximately two-day medical treatment for the victim F (33 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident (F, H);

1. The actual condition of traffic accidents;

1. An accident site photograph;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Each written diagnosis shall be subject to the law.

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