beta
(영문) 울산지방법원 2021.01.21 2020고단2884

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a car in BNS G80.

1. Around 12:50 on April 3, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (abstinence) and the Road Traffic Act (abstinence after an accident), the Defendant driven the said car at a speed that is under the influence of alcohol concentration of 0.105% during blood transfusion at the Cheong-do Pung Pung Pung Pung Pung Pung Pung-gun, Ulsan Metropolitan City (abstinence) with a view to the alcohol concentration of 0.105% at the C market level.

At this point, the driver of a motor vehicle has a duty of care to prevent accidents from occurring due to the passage through the intersection in accordance with the new code, while the driver of the motor vehicle has a duty of care to care for preventing accidents.

Nevertheless, as seen above, the Defendant was negligent in proceeding with a stop signal even though he was under the influence of alcohol, and the Defendant was the victim F ( South, 24 years old) who was driving under the direct line of the E apartment door from the offside of the D middle school to the offside of the E apartment door, and the part of the Grando HG front part of the HG car driving by the Defendant was followed by the head of the car line on the side of the Defendant driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim’s salt and tensions that need to be treated for about two weeks, and at the same time, did not take necessary measures, such as immediately stopping the said vehicle while destroying the said vehicle, which is the victim’s property, and saving the injured party, without any necessary measures, such as immediately stopping the vehicle.

2. On May 16, 2017, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act by the Ulsan District Court.

The Defendant driven the said car under the influence of alcohol concentration of about 8 km from the U.S. H market near Ulsan-gun, Ulsan-gun, U.S. to the first road in front of the same Gun, while under the influence of alcohol content of about 0.105%.

Accordingly, the defendant is entitled to Article 44 of the Road Traffic Act.