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(영문) 울산지방법원 2017.09.05 2017고단2528
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a ice car.

1. On February 26, 2008, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on April 1, 2014 from the Ulsan District Court to a fine of KRW 3 million for a crime of violating the Road Traffic Act.

On June 7, 2017, the Defendant driven the said car under the influence of alcohol with approximately 0.162% alcohol concentration from around 1km to the roads located in the same Gu C, from the Ulsan Viewing and 201, which was located in the center of Ulsan-gu, Ulsan-gu, Seoul-do.

As a result, the Defendant, who had the power of violating the Road Traffic Act (drinking driving) more than twice, driven the said vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant driving of the above vehicle at the time specified in the preceding paragraph) led the road in Ulsan-gu C to turn to the left right at about 30 km away from the front distance of viewing distance.

Since there was an intersection where signal apparatus was installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by checking well the right and the right of the motor vehicle driver.

The Defendant, while under the influence of alcohol, neglected to turn to the left due to the negligence in violation of the signal at the right edge of the vehicle, received the front part of the victim D(33 cc) and the front part of the three trucks in front of the above vehicle at the right edge of the vehicle.

The Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. of the trend that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a survey report on the actual condition;

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