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(영문) 울산지방법원 2018.12.07 2018고단3321
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is also a person who is engaged in the business of driving sports cars even in Bcoon.

On October 9, 2018, the Defendant, at around 23:15, proceeded ahead of a school, who is a beneficiary of a pharmacist in Ulsan-gu, Ulsan-gu, Seoul-do, in the direction of the military base distance.

At the time, there was a vehicle in the signal waiting in the same direction as the defendant at the time, so there was a duty of care to prevent traffic accidents in advance by thoroughly operating the steering gear and the brakes.

Nevertheless, the Defendant, while under the influence of alcohol content 0.134% in blood, was unable to drive normally due to the influence of alcohol, shocked the back part of the victim C (the 32-year-old driver) who was waiting for the signal at the front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving a sports car in the form of alcohol alcohol 0.134% from the section of approximately 20km to the road indicated in paragraph 1, from the front of the Gandong-gun, Ulsan-gu, Ulsan-do, Seoyang-gu, Ulsan-do, Ulsan-do, to the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A photograph of a screen by reporting the occurrence of a traffic accident, making a report on the occurrence of a traffic accident, making an on-site photograph, conducting a survey on actual condition, making a notification of the results of the drinking control, making a statement on the situation of the driver in charge, a quotation, or taking visual data and

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to a dangerous driving of punishment: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of selective driving of imprisonment: Article 148-2 of the Road Traffic Act;

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