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(영문) 울산지방법원 2014.10.16 2014고단2274
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a motor vehicle B.

1. Around 05:30 on May 24, 2014, the Defendant driving the said vehicle at a section of about 1km from the front side of the main station on the trade name in the location of the Busan-gu Busan-do, to the front side of the Busan-do, Busan-do, to the front side of about 135 degrees.

2. On May 24, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said motor vehicle on the street in front of 135,00,000, in a state that it is difficult to normally drive the said motor vehicle due to blood alcohol concentration of 0.157%, and transferred it to the right of discharge from active service in writing, depending on three-lanes among three-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front left and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected this and caused the telecommunication poles adjacent to the crosswalk to the front part of the above vehicle by the negligence of bypassing it while under the influence of alcohol, and caused the impact of the said vehicle to be protruding off to the victim C (n, 38 years old) who was living around the crosswalk in order to cut off the crosswalk.

As above, the Defendant driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and suffered bodily injury, such as light salt, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

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

1. Requests for appraisal of blood alcohol concentration and requests for appraisal;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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