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(영문) 울산지방법원 2016.01.22 2015고단2533

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

1. The defendant is a person who is engaged in driving of B Poter cargo cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.).

On May 10, 2015, the Defendant driven the above cargo vehicle at around 23:28, and got the D intersection in front of Ulsan-gu C to turn to the left at the speed of about 20 kilometers per hour from the surface of the intersection at the entrance of the Southern-gu, Ulsan-gu to the front of the intersection at the speed of about 20 kilometers per hour.

Since there was a cross-section without any signal, there was a duty of care to safely proceed by preventing accidents, such as checking whether or not a motor vehicle has already entered the intersection before entering the intersection and giving way to a person engaged in driving service.

Nevertheless, the Defendant neglected this, while driving the above intersection while under the influence of alcohol content 0.148% in blood, and entered the above intersection in the first place than the Defendant, and left the entrance of the Paris F E (26 years old) driver’s vehicle at the entrance of the Southern church from the room to the entrance of the Southern church. The lower part of the victim E (26 years old) driver’s vehicle was shocked with the Defendant’s above cargo vehicle.

As a result, the Defendant’s negligence caused the injury to the injured party G (26 years old) who was on the top of the steering force of the said marina car to the injured party E by his occupational negligence, such as the catum fat, requiring approximately two weeks of treatment, and at the same time, the Defendant destroyed the said marina car to the injured party E with the repair cost of KRW 1,406,928, and escaped without taking necessary measures, such as providing relief to the injured party.

2. On June 21, 201, the Defendant was sentenced to a fine of two million won for a violation of road traffic laws at the Daegu District Court on the grounds of a violation of road traffic laws (drinking driving), and on August 22, 2013, the Defendant was sentenced to a fine of four million won for a violation of road traffic laws at the Ulsan District Court on the grounds of a violation of road traffic laws (drinking driving, etc.).

The defendant on May 2015.