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(영문) 울산지방법원 2017.07.11 2017고단1707
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 5, 2017, the Defendant driven the said car with alcohol content of 0.184% while under the influence of alcohol during blood around 05:32, the Defendant driven the said car along the influence of alcohol level of 0.184%, and driven the remote distance of the agricultural and fishery product market located in Samgsan-gu, Busan Metropolitan City along the side of the terminal shooting distance, along the four-lanes of the 5-lanes from the surface of the river basin of Taecheon River.

At the time, the victim C(61) driver was at night, and the victim C(61) driver was at night, and the driver of the motor vehicle was at the same time, so the driver of the motor vehicle had a duty of care to properly see the front and the left, and to prevent the accident by accurately operating the steering and steering system.

Defendant neglected to drive under normal conditions due to such influence of alcohol as seen above and proceeded as it is. Defendant was negligent in driving the damaged vehicle due to the suspension of electric yellow knife, and received the part behind Defendant Defendant’s vehicle’s front-hand part.

Defendant 2 suffered from the injury to the victim E (V, 19 years old) who is the passenger of the above victim and the damaged vehicle due to the foregoing occupational negligence, each of which requires approximately two weeks medical treatment.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the vehicle with a alcohol content of about 400 meters from the 400-meter section of alcohol during blood while under the influence of alcohol at a level of about 0.184% from the 400-meter radius from the road located in the Nam-gu Busan Metropolitan City, Busan Metropolitan City, the main place of “△△△△△△” to the private distance in the agricultural and fishery product market located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Report on the occurrence of a traffic accident, investigation report on the actual condition, photographs, inquiry about the results of crackdown on the driving of alcohol, the circumstantial report on the driver of the primary driving, the tea inquiry, and the application of each medical certificate under statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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