(영문) 울산지방법원 2013.08.12 2013고단2392

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(영문) 울산지방법원 2013.08.12 2013고단2392

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On April 29, 2013, the Defendant driven the above vehicle while under the influence of alcohol at 0.172% of alcohol level around 23:00, and proceeded ahead of the Small and Medium Business Support Center in the Jinsan-gu, Ulsan-gu, Ulsan-do, in the direction of the amamrily distance from the bank of the Central Police Station.

At this point, there is a center line of yellow-ray, so in this case, the driver of the vehicle has a duty of care to safely drive the motor vehicle according to the vehicle line and prevent the accident in advance without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant invadedd the center line in a state where there is no normal ability to determine surrounding traffic conditions, etc., and got ahead of the Defendant’s vehicle, the back portion of ECOET Tratoba of the victim D (the age of 23) who stopped in the signal atmosphere at one lane, and subsequently, the victim F (the age of 41) driving G 130 driving of the victim H (the age of 30) driving led the Defendant to the front part of the Defendant’s vehicle, and caused the victim D to suffer from the front part of the Defendant’s vehicle, the lower part of the victim H(the age of 30), the lower part of the 130 driver’s driving of the victim H (the age of 30), which is one of the front parts of the Defendant’s vehicle and caused the victim F to suffer from the victim’s injury, such as salt and tension in the left part requiring treatment for about 3 weeks, and the victim H’s injury and tension in the middle of the week.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, D, and F;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

1. Each written diagnosis (the No. 19,20,23 of the evidence list);

1. Application of statutes on field photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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