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(영문) 울산지방법원 2018.04.27 2017고단4529
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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury before danger) and a defendant who violates the Road Traffic Act is engaged in driving a B-learning passenger car.

On July 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.198% from blood alcohol level around 03:50 on July 28, 2017, and moved the intersection of the private distance of the art center located in the south-gu, Ulsan-gu, Ulsan-gu, into the speed of about 60km from the direction of view shooting to the speed of about 60km from the direction of view shooting.

At that time, since the signal lights and the main line are large crosssections of main roads with the central line, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as accurately operating the operation and steering gear and protecting the bus lines.

Nevertheless, the Defendant neglected the above duty of care in a state where it is difficult to drive under normal conditions, such as the mold distance, with red and rhythm, and when ging, the Defendant was able to receive a part of the front part of the foregoing car driven by the Defendant by negligence going beyond the center line, and was able to receive a part of the driver’s seat of the car in Dpool, which the victim C (I am, 28 years of age) drives.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, suffered injury, such as the removal of the bones of the first maddi, which requires a medical treatment for about four weeks, and at the same time damaged the Defendant’s repair cost to take account of KRW 17,938,501, such as the exchange of the victim’s left door.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a fluoring car under the influence of alcohol leveling 0.198% from the 2km section to the place indicated in paragraph 1, where the trade name located in the Southern-gu New-dong, Ulsan-gu, Ulsan-gu is unknown at the time of the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

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