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(영문) 울산지방법원 2020.10.22 2020고단2929

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and 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

The Defendant is also a person who drives a bandon bandon truck.

1. On July 10, 2007, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

At around 17:50 on April 18, 2020, the Defendant driven the said car under the influence of alcohol concentration of about 3 km from the front of the Ulsan-gun C apartment in Ulsan-gun to the road after D apartment E-dong, the Defendant driven the said car under the influence of alcohol content of about 0.163%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (hereinafter referred to as the “Act”), the Defendant driven the said car at a speed that would not be known by driving it while under the influence of alcohol at a level of 0.163% in the blood alcohol concentration of G apartment 0.163% from the Fside to the G apartment gate.

At that time, since it is a two-way road from which the center line of yellow solid lines is installed, a driver of a motor vehicle has a duty of care to care in preventing accidents by accurately manipulating the front line, the left line, and the steering and the brake system.

Nevertheless, the Defendant neglected this and received the part of the I QM6 car driver’s seat prior to the Defendant’s car driver’s seat and the pentum part of the freight driver’s seat in front of the Defendant’s freight driver’s seat and the pentum part in front of the freight driver’s seat, which was driven by the victim H (Nam, 51) (Seoul and 51 years old) who was normally driven in the opposite direction to the marine due to the negligence

Ultimately, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim for approximately two weeks of medical treatment, and did not immediately stop the victim’s car and take necessary measures, such as providing relief to the victim, even if the Defendant damaged the victim’s car and immediately stops the car in order to reach the amount equivalent to KRW 3,733,974.