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(영문) 울산지방법원 2018.04.11 2017고단4430
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

On April 10, 2007, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on July 16, 2009, respectively.

1. The Defendant is a person who is engaged in driving a motor vehicle in D having violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 10, 2017, the Defendant driven the said car with a alcohol content of 0.159% 0.159% in alcohol during blood transfusion, and Gyeongnam-do located in the northwest-gu, Ulsan-gu, Ulsan-do, would drive the road at the intersection of a shooting distance in front of the parallel of the road at a right angle of the 3rd parallel of the road at a right angle of 21-30km from the gate of the west-gu, Ulsan-gu, Ulsan-do.

At the time, since it is an intersection that is night and has not installed a signal at that time, there was a duty of care to safely drive a vehicle by reducing speed to a person engaged in driving a motor vehicle and by entering the intersection as well as by examining whether there is a vehicle that is being driven first.

Nevertheless, the Defendant was found to have been negligent in driving the e-mail while under the influence of alcohol, such as a molding distance, and was negligent in driving the e-mail along the e-mail with the e-mail of the above e-mail to the e-mail of the victim E (61 e-mail) driving the e-mail of the e-mail at the vicinity of the e-mail e-mail.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to the influence of alcohol, resulting in injury to the victim E, such as salt pans, tensions, etc. in need of three weeks of medical treatment, and at the same time, suffered injury to the victim G (50 years of age) who is the passenger of the said taxi, for about three weeks of medical treatment.

2. On November 10, 2017, the Defendant violated the Road Traffic Act (drinking driving) shall pass ahead of the Gyeongsan-gu, Ulsan-gu, U.S. and the Gyeongnam-do, Ulsan-do, in front of a restaurant.

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