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(영문) 울산지방법원 2021.02.04 2020고단4212
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

[200 Highest 4212] On December 23, 2015, the Defendant was issued a summary order of KRW 4.5 million by the Ulsan District Court due to a violation of the Road Traffic Act (drinking).

1. On September 24, 2020, the Defendant driven a d class-III truck with alcohol content of about 0.116% in the 6.5 kilometer section from the middle-gu B market near Ulsan-gu B market to the front intersection of the same Gu from around 00:20 on September 24, 2020, while driving a d class-III truck with alcohol content of about 6.5 kilometers.

As a result, the Defendant violated the Road Traffic Act at least twice.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act: (a) operated the intersection in front of the C as referred to in paragraph (1) at the time of paragraph (1) at the same time, thereby driving the vehicle in front of the C, thereby straighting from the Red Cross to the Ethical surface.

At the time, it was night and at the same time a road, the speed of which is 30 km, so there was a duty of care to ensure that a person engaged in driving a motor vehicle is in compliance with the speed limit and safely drive the motor vehicle by checking the front, rear, and right and the right and the right and the right of the motor vehicle in advance.

Nevertheless, the Defendant neglected this and operated a limited speed exceeding 28 km while under the influence of alcohol 0.116% in blood, and caused the Defendant’s negligence that the Defendant’s vehicle driving at a speed exceeding 28 km to the right side in the direction side of the vehicle driving GN650 Z, which is driving at the right side of the Defendant’s vehicle, to the front wheels part of the Defendant’s vehicle driving at 52 years old.

As a result, the Defendant caused the above victims to die from both sides of the cage cage, etc. at the same time due to the above occupational negligence, and damaged the front wheels, etc. of the above cage 11,390,000 won.

3. No owner of any motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, there is a need to do so.

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