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(영문) 울산지방법원 2016.07.05 2016고단1233
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2015, the Defendant driven a FM5 car with alcohol content of 0.215% while under the influence of alcohol at around 01:25 on Sep. 27, 2015, and proceeded with the FM5 car at the port of Yangsan Police Station in the front of the water wave in Yangsan-si at the time of Yangsan-si.

As above, Defendant 1 did not find out the HHF car of the injured party G (35 years old) who temporarily stops on the fourth-lane due to the breakdown of the vehicle due to the malfunction of the vehicle, and received the rear part of the KaF car from the front part of SM5 car, and had the injured party G receive the back portion of the KaF car parked on the front part of the 14 weeks in order of the KaF car and parked in the front part of the KaF car, and caused the injury to the injured party G, i.e., the 6 weeks in order of the 1st century in order. At the same time, Defendant 2 caused the injury to the injured party, i.e., the 1st half of the KaF car, the 1st half of the KaF car, the 1st half of the 14th century in order to treat the 1st century in the middle part of the 14th week in order to treat the 1st century in the middle part of the 38th century in Busan.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the injury or death of the victims as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, or a report on the detection of a primary driver;

1. Each photograph;

1. A protocol of seizure and a list of seizure;

1. A death certificate, medical certificate, and medical opinion;

1. Written reply to a request for appraisal and a request for analysis of traffic accidents;

1.Each.

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