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(영문) 울산지방법원 2018.10.19 2018고단2426

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On September 11, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws in the Daegu District Court and racing support. On December 15, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws.

[2] On May 20, 2018, the Defendant, while under the influence of alcohol 00:37% at around 00:37, operated a 0.092% alcohol-ray car and left the way to the tri-distance from the south-gu industry of Ulsan-gu to the tri-distance of 649, the Defendant: (a) while the signal, etc. installed in the front bank was a straight-distance signal; (b) but did not ignore the signal, etc. installed in the front bank and left the left, the Defendant did not immediately repair the victim E (56 years old) with the front wheel part of the FOE driving in front of the above EXE to the right-distance distance from the front part of the above EXE, and did not repair the victim, and at the same time, did not repair the victim to the 5 weeks left, and did not immediately repair the victim, and (c) did not immediately repair the victim.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol, sustained an injury to the victim due to occupational negligence, and at the same time destroyed the lebane owned by the victim and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written diagnosis and written estimate;

1. A report on the occurrence of a traffic accident, a survey report on the actual situation, a site photo of an accident, a report on the detection of a driver in charge of driving, a report on the situation of a driver in charge of driving alcohol, a report on the driver in charge of driving alcohol, a copy of CCTV images, a photograph and a criminal investigation report (Attachment to a NAV map for the escape route after the accident);

1. Previouss before ruling: A reply to inquiries, such as criminal history, respectively.