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(영문) 울산지방법원 2013.04.04 2013고단430
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in daily work.

1. The defendant is a person who has twice his/her alcohol driving skills [the defendant was sentenced to a fine of one million won on February 24, 2009 for a violation of the Road Traffic Act (a crime of drinking alcohol driving), and the same year;

7.2. On January 23, 2013, under the influence of 0.23.50% of alcohol concentration as a crime, the Defendant was driving at around 7 km from the road in front of the Hanyang-gun, Ulsan-gun, Seoyang-gun, the repair site of the Dongyang-gun to the road in front of the private road in the same military unit. On January 23, 2013, the Defendant is a person driving a Brocketing car. The date and time specified in the foregoing paragraph (1) above, and at a place where it is difficult to drive normally, the Defendant was negligent in driving the two-lane Don-gun, Ulsan-gun, U.S., in front of the private road in front of the private road in front of the private road in the Seoyang-gu, U.S., and in front of the private road in which the Defendant neglected to perform his duty of driving the two-lane vehicle in front of the victim’s right side by taking into account the two-lane driving direction of the victim (the victim was negligent in driving the two-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition of traffic accidents;

1. Reports on detection of drivers and circumstantial statements of drivers;

1. On-site photographs, photographs of damaged vehicles, and photographs of harming vehicles;

1. A inquiry report, such as criminal records;

1. Investigation report (Attachment of a copy of summary order) and application of the Acts and subordinate statutes of two copies of summary order;

1. Relevant Articles 5-11 and 148-2 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 of the Road Traffic Act (the point of driving under the influence of alcohol not less than twice a week) and the choice of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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