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(영문) 울산지방법원 2013.04.11 2012고단3524
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 23:40 on October 26, 2012, the Defendant driven a CH car while under the influence of alcohol of about 0.177% of alcohol content from the 10km section to the 10km north-gu B apartment road in Ulsan-gu, Ulsan-gu, Seoul-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) (hereinafter “Dangerous Driving”) was a person engaged in driving CM motor vehicles, and the Defendant, around October 26, 2012, was driving on the road of one-laned in front of the B apartment in Ulsan Northern-gu, U.S., U.S., under the influence of alcohol concentration of 0.177% due to the influence of alcohol around 23:40 on October 26, 2012.

At the time, since it is night and its location is an intersection without signal, there was a duty of care for those engaged in driving of motor vehicles to live well, accurately operate the steering gear, reduce the speed in advance, and safely proceed.

Nevertheless, the Defendant was found to have been negligent in driving a motor vehicle under the influence of alcohol and was found to have been driven by the front part of the victim D(42 years old) E-learning Motor Vehicle, which was proceeding in the opposite line due to the negligence of excessively operating the steering gear, and was driven by the Defendant.

Ultimately, the Defendant caused the injury to the victim D such as salt, tensions, etc. on the right-hand side, which requires a treatment for about three weeks due to the above occupational negligence, to the victim FF (the 39-year old age), who was on the said fright-hand car, the injury of chills, tensions, etc. requiring a treatment for about two weeks, to the victim G (the 13-year old age), who was on the same car, the injury of the chills, etc. requiring a treatment for about three weeks, and to the victim H (the 12-year old age), who was on the same car, the victim H (the fest, the 12-year old age) who was on the fright-hand car, respectively.

Summary of Evidence

1. The first time;

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