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(영문) 울산지방법원 2017.10.25 2017고단2249
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 24, 2017, the Defendant driven the said car while under the influence of alcohol content of 0.168% in blood around 08:30 on April 24, 2017, and led to two lanes at a speed of about 40km per hour from the intersection of the south-gu Busan Metropolitan City Trol to the intersection of the southwest-gu Intersection, Ulsan Metropolitan City, along the flowway.

Since a signal, etc. is installed at this place, it is confirmed whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle according to the new subparagraph, and whether a person engaged in driving a motor vehicle has a duty of care to reduce speed and to see well the right and the right of the road.

Nevertheless, the Defendant was negligent in driving a vehicle in a situation where normal driving is difficult due to influence of drinking and neglected to do so, while the electric signal was changed to yellow, due to occupational negligence, and the part of the victim C(65) who was left to the left and right to the left pursuant to the new subparagraph was placed on the front of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as the combined impairment of physical parts, which requires approximately seven weeks of medical treatment, due to such occupational negligence.

2. On April 24, 2017, the Defendant: (a) driven the said SP car under the influence of alcohol content of about 0.168% from the 1km section from the road front of the terminal restaurant 164, Nam-gu, Seoul Metropolitan City, Ulsan-si, to the south intersection of the same Gu, to the intersection of the intersection of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement report on the situation of the driver at the main place and investigation report;

1. C’s statement;

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

1. Injury resulting from the operation of a risk as a result of the relevant Article of the Criminal Act and the selective punishment: A specific crime shall be aggravated;

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