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(영문) 울산지방법원 2019.06.13 2019고단1013
특정범죄가중처벌등에관한법률위반(위험운전치상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars B.

On February 12, 2019, the Defendant driven the above vehicle while under the influence of alcohol at around 01:10, while driving it, led to the distance of filial length from the northwest of Ulsan-gu to the northwest of the Northwest.

In such cases, a person engaged in driving of a vehicle has a duty of care to report the traffic situation of the vehicle well and to prevent accidents in advance by safely driving the vehicle.

Nevertheless, the Defendant saw D-cab driven by the victim C (the age of 54) who was in the atmosphere of signaling in the front bank due to the negligence of the victim C (the age of 54) who was under the influence of drinking, such as the walking and rhyming, in an inaccurate manner, and in an inaccurate manner.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the c and the victim E (the 22-year old passenger) who is the victim of the c and the taxi for about two weeks in need of medical treatment.

2. Violation of the Road Traffic Act (driving a sound driving) set forth in paragraph (1) driving the B-learning car under the influence of alcohol with a blood alcohol concentration of about 0.253% from the first section of approximately 1 kilometer to the front road of the distance of scarcity in the front of the scarcity of the Taesan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and accident photograph;

1. Making a report on the control of drinking driving;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime [each choice of imprisonment];

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act shall apply.

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