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(영문) 울산지방법원 2014.03.27 2013고단4064
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 07:10 on October 14, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driving of B-house under the influence of alcohol content of approximately 0.225% at a distance of about 2km from the front of a bus terminal located in Ulsan-gu Busan-dong to the front of a modern vehicle parking lot located in the Seosan-gu, Ulsan-gu, Ulsan-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car B;

On October 14, 2013, at around 07:10, the Defendant, while under the influence of alcohol of 0.225% of blood alcohol concentration, the Defendant was driving the said vehicle in a state that it is difficult to drive the vehicle normally, such as walking with red, big, and walking with a view to walking, etc., and the Defendant was driving the said vehicle at the seat of the 4th line in the name village of Taegsan-gu, Ulsan-gu, the upper part of the 4th line above that of the 4th line in the name village of Taegsan-gu.

Since there was a motor vehicle driving in the same direction as the two-lanes at the time, there was a duty of care to prevent accidents due to the safe driving of the motor vehicle along the vehicle line by reducing speed and keeping the front door well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the two-lanes due to the negligence of changing the two-lanes to the two-lanes, and received the front part of the victim C(W, 25 years old) driving on the left side of the Drash car that the Defendant drives.

As a result, the defendant suffered injury to the victim, such as brain salute requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, suspect and damaged vehicle photographs, and on-site photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (2) of the Road Traffic Act which choose the penalty;

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