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(영문) 울산지방법원 2020.10.15 2020고단1841
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

Punishment of the crime

1. Around 02:50 on February 29, 2020, the Defendant driven a Fspon vehicle with a blood alcohol concentration of at least 0.134% from a section of about 700 meters from the front of the Cspon bus stops located in Ulsan Northern-gu B to the Espon road located in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a car in F Spart.

The defendant, like the above paragraph (1), was driving the above car on the E-road near the north-gu in Ulsan Metropolitan City D, and continued to proceed from the upper radiation distance protection area to the intersection.

At the time, there is a night and a place where the central blocking facilities are installed. In such cases, a person engaged in the driving of motor vehicles has a duty of care to safely drive the motor vehicle along the lane and prevent accidents by safely driving the motor vehicle along the lane without breaking the central line.

Nevertheless, the Defendant, under the influence of alcohol as stated in the foregoing Paragraph 1, she ended the front part of the HG car driven by the victim G (Seoul and 41 years old) who was driving in the opposite direction to the Defendant by neglecting the center line due to the negligence of flaging the central line, and led to the shock of the front part of the car in the given Stiter.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of medical treatment for about two weeks, by negligence, to the victim while driving in a situation where normal driving is difficult due to the influence of alcohol as above.

Summary of Evidence

1. Statement of the defendant's legal statement G traffic accident occurrence;

1. A photograph of a traffic accident report, on-the-spot map, CCTV stokes of the scene of the traffic accident and to close down the effects of video management;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. The application of the Acts and subordinate statutes of the investigative report (report on the circumstances of an employee) 1.

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