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(영문) 울산지방법원 2016.08.10 2016고단2024
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle that is operated by the relevant radars.

On May 27, 2016, the Defendant: (a) while under the influence of alcohol 0.201% of alcohol concentration among blood transfusions, the Defendant was unable to drive normally due to an incorrect string of snow, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.

Any person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive a motor vehicle at a speed or in a manner that may cause any danger and obstacle to others.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C, who was stopped in order to make a U-turn in the front of the vehicle while under the influence of alcohol, and was driven by the Defendant in front of the vehicle driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer injury, such as brain dynasium, light salt, etc., which requires a two-day medical treatment.

2. Defendant 1 was under the influence of alcohol concentration of 0.201% in blood transfusion during the above day, and Defendant 2 driven the above vehicle from the Do in front of the New Exhibition Center located in Ulsan-gu to the above accident location at approximately 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

1. The application of Acts and subordinate statutes (net 17) concerning alcohol content during blood;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.

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