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(영문) 울산지방법원 2017.10.18 2017고단1874

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (after the accident), the Defendant is a person engaged in driving D SP car.

On April 16, 2017, the Defendant driven the above car at around 02:15, while driving it, from the 20th of Ulsan-gu Newline 20, the Defendant was driving from the glar apartment to the string of the direction from the glar apartment.

A person engaged in driving service has a duty of care to see the front door, maintain the safety distance, and not drive in a drinking state.

Nevertheless, the Defendant neglected the above duty of care and went into operation before the victim E (16 taxes) without a license plate which was driven by the victim E (16 taxes) due to the negligence of driving in a drinking state, and went into operation as it is, as a part of the booms, after taking about two weeks of the above 2-day treatment, the Defendant suffered injury of the victim E such as knee-free salt, etc. which requires approximately three-day treatment, suffered injury to the victim FF (15 years old) who is taking advantage of the above 2-day treatment, and at the same time, escaped without immediately stopping the above kne to approximately KRW 1,740,000 for repair expenses, and escape without taking necessary measures.

2. On April 16, 2017, the Defendant driven a D SP car under the influence of alcohol content of about 0.054% at a section of about 3km from the point near Samsung Apartment apartment located in the Nam-gu Southern-dong, Ulsan-gu, Ulsan-gu, to the ocean safety west located in the same Gu-dong, and to the following side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Escape after a person injured by duty and actual injury under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: After an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act.