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(영문) 울산지방법원 2014.01.24 2013고단3862

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in the duty of driving a B E-car.

1. Around October 19:35, 2013, the Defendant driven a Maz car under the influence of alcohol content of about 0.172% from the front parking lot in front of the 21-lane Do-dong, Ulsan-dong, Ulsan-dong, to the front road of the Central Library located in the same 3km-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) provided that the Defendant had driven the said mae-car in front of the restaurant at the same time and at the same time, while under the influence of alcohol.

At the time, the driver was at night, and in such a case, the driver had a duty of care to prevent the accident in advance by safely driving in the future.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s vehicle and followed the Defendant’s vehicle and followed the Defendant’s vehicle to the front side of the restaurant parking lot in the direction of the victim C (53 years old and female) (53 years old and female) driving on the front side of the above restaurant parking lot, from the 3rd side of the mix, the lower part was followed by the Defendant’s vehicle to the lower part.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 1,751,053 of the repair cost through the exchange of even after even after the shape, and escaped without taking necessary measures, such as stopping and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes