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(영문) 울산지방법원 2016.11.11 2016고단3171
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On February 12, 2008, the Defendant issued a summary order of KRW 2.5 million at the Ulsan District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, on January 10, 2013, a summary order of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court, and on April 5, 2013, the Defendant was sentenced to imprisonment of KRW 8 months and a suspended sentence of two years for a violation of the Road Traffic Act at the Ulsan District Court.

【Criminal Facts】

1. On August 2, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and operated a ENAS coo-coo car under the influence of alcohol concentration of about 50 meters from the Defendant’s house located in Ulsan-gu B to the “D Mt” road located in C, Nam-gu, Ulsan-gu, Seoul-gu, Seoul-do, at around 22:15.8.2.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a motor vehicle at the fourth scup.

The Defendant, like paragraph (1), had the roads in front of the “D Mt” projected from the sloping surface to the sloping surface at a sloping speed.

At the time, the victim FF driver G was stopped on the left side of the defendant's driving direction in order to drive the NAS car, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to accurately operate the steering gear and accurately operate the steering gear.

Nevertheless, the Defendant neglected this and neglected so that he was unable to properly operate the vehicle in a state where normal operation is difficult, such as influorous distance and blood color, and smelling, and due to the negligence that he was unable to properly operate the vehicle in a state where normal operation is difficult, the Defendant received the front portion of the above NAPA as the front part of the vehicle in the above NAPAS.

As such, the Defendant is under normal influence of drinking.

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