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(영문) 울산지방법원 2016.09.21 2016고단2494
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2009, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 500,000 due to a violation of the Road Traffic Act, and on March 9, 2016, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act.

1. On July 3, 2016, the Defendant: (a) operated a motor vehicle with a vehicle driver’s license in a section of approximately 2 km from the Nam-gu New-dong, Ulsan-gu, Seoul-gu, Seoul-do, about 04:30 on July 3, 2016, without obtaining a vehicle driver’s license while under the influence of alcohol content of 0.207% in blood.

2. The Defendant is a person engaging in driving a spectrum under paragraph (1).

On July 3, 2016, the Defendant proceeded along three-lanes of the 5-lane distance in front of the rooftop-dong, Nam-gu, Ulsan-gu, Seoul-do, Seoul-do, with three-lanes from the bank of the common cemetery in the rooftop-dong.

At all times, a person engaged in driving of a motor vehicle with signal lights installed on the front side has a duty of care to see the front side well, and to conduct it safely by accurately operating the steering and brakes.

Nevertheless, the Defendant, as stated in Paragraph 1, was under the influence of alcohol such as fluorous, gymal, red, and walking without walking, who is difficult to drive normally due to the influence of alcohol, but neglected to do so and neglected to do so in the front direction, and instead neglected to do so on the part of the occupational negligence, caused the victim D, who was in the front direction of the same lane, to suffer from the injury of the Defendant, such as fluoral salt, etc. which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A survey report on actual conditions;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. A medical certificate;

1. A previous conviction in judgment:

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