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(영문) 울산지방법원 2020.05.15 2019고단4252

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by imprisonment for a term of one year and four 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

[criminal power] On July 28, 2008, the Defendant issued a summary order of KRW 2 million at the Busan District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, the summary order of KRW 4,00,000 for the same crime in the same court on March 16, 2012, and the summary order of KRW 7 million for the same crime at the Ulsan District Court on September 19, 201.

【Criminal Facts】

1. On September 29, 2019, the Defendant driven a F QM5 vehicle while under the influence of alcohol content of 0.156% without a vehicle driver’s license, from the 8km section of approximately 8km to the E-road located in D in the same city, from the 23:45 p.m. adjacent to C in Yangsan-si B. < Amended by Presidential Decree No. 23488, Sep. 29, 2019>

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those engaged in driving service of F QM5 automobiles.

On September 29, 2019, at around 23:45, the Defendant, as indicated in the foregoing paragraph 1, was under the influence of alcohol with a blood alcohol concentration of 0.156% without a car driver’s license, and the Defendant was driving ahead of the H in Yangsan City G from the side of the I cafeteria to the J cafeteria.

At night, there was a duty of care to prevent accidents by accurately manipulating the steering system and the steering system in the case of the driver of the vehicle, and thus, the driver of the vehicle had a duty of care to prevent accidents.

Nevertheless, the Defendant, while driving in an unreasonable manner to see the patrol vehicles that drive a Defendant’s driver’s vehicle for the purpose of drinking alcohol control as above, failed to accurately operate the steering gear and brakes, and the victim K (24 years old) who proceeds from driving in an fit part, shocked the back portion of the left side of the Lenz’s car driven by the Defendant’s driver’s vehicle into the left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant’s negligence in performing the above duties requires approximately two weeks’ medical treatment to the Victim K.