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(영문) 울산지방법원 2013.04.19 2012고단3879
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

On January 16, 2007, the Defendant was issued a summary order of a fine of four million won due to a violation of the Road Traffic Act, etc. at the Ulsan District Court, and was sentenced to a suspended sentence of six months for the same crime on November 28, 2007.

1. The defendant is a person who is engaged in driving freight B while driving cars;

On November 25, 2012, the Defendant driven the said vehicle while under the influence of alcohol with 0.195% of the blood alcohol concentration at around 19:28, while normal driving is difficult, and led to two-lanes of the two-lane road in Samsung SDR in the Glsan-gun, Ulsan-gun, Namsan-gun.

In this case, the driver of the vehicle has a duty of care to take the front side and left side and right side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving, and the part behind the fgals of the Defendant’s vehicle, which was driven by the victim C(the age of 42) who was sent at the front of the Defendant, was turned into the front part of the Defendant’s vehicle. Then, the Defendant’s vehicle was pushed into the front part of the Defendant’s vehicle, which was driven by the victim E(the age of 29) due to the smuggling of the Defendant’s vehicle, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing duties, sustained bodily injury, such as salt ties, tensions, etc., in need of approximately two weeks of treatment to the victim G (V, 21 years of age), and H (9 years of age), respectively, on the part of the victim C and the victim I (V) who was accompanied by the victim C’s vehicle in need of approximately two weeks of treatment. In addition, the Defendant also sustained bodily injury, such as the following lights and pelviss, which requires approximately three weeks of treatment to E, and the victim E suffered bodily injury, such as light dump, tension, etc., which requires approximately three weeks of treatment.

2. The defendant shall meet the time set forth in paragraph (1) of this Article.

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