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(영문) 울산지방법원 2019.06.05 2019고단960
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 car B or car.

On January 13, 2019, at around 03:50, the Defendant: (a) was negligent in the course of business driving the said vehicle at the speed of two lanes from the front quarter to the front quarter of the instant passenger vehicle at the speed of two lanes in Ulsan-gun, Ulsan-gun; (b) the part on the side of the driver’s seat of the victim C (39 years old) who driven the said vehicle at the speed of two lanes from the front quarter to the front quarter of the instant passenger vehicle at the speed of two lanes from the front quarter to the middle quarter of the instant passenger vehicle under the influence of 0.125% alcohol concentration; and (c) the part on the side of the driver’s seat of the Plaintiff (39 years old) who driven the said vehicle at the speed of two lanes from the front quarter of the instant passenger vehicle at the speed of two lanes.

As a result, the Defendant suffered from the injury of the victim C, the victim E (36 years of age), the F (36 years of age), G (23 years of age), and H (35 years of age) by occupational negligence, respectively, for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant confessions the crime of this case and repents. The reason for sentencing is attributable to the drinking of the defendant due to the accident of this case, the nature of the crime is poor, and the defendant drives on an expressway.

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