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(영문) 울산지방법원 2019.09.04 2019고단1916

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a B-to-car.

At around 09:30 on April 8, 2019, the Defendant driven the said low alcohol level of 0.131%, while driving the said high alcohol level, and driving the two-lane road in front of the D School located in the north-gu Seoul Metropolitan City, Ulsan with one speed at the speed of Si-speed, depending on one-lane from the front side of the D School located in the north-gu, Ulsan Metropolitan City, the Defendant was on duty negligent in failing to properly examine the front side and the left side of the alcohol while driving the road at the speed of Si-speed, and not operating the steering direction and the brake system accurately. As above, the Defendant received the part of the back part of the victim E (31 years old) driving of the victim E (the 31-year-old driver) who was in the atmosphere of the mansan.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., for about two weeks of medical treatment by occupational negligence as above, and at the same time, “1,962,222 won” in the charges of KRW 1,364,847 in the repair cost of the Defendant vehicle (Evidence No. 40 pages) is the repair cost of the Defendant vehicle (Evidence No. 40 pages) and the victim vehicle repair cost “1,364,847 won” (Evidence No. 42-4 of the Evidence No. 42 of the Evidence No. 42-44 of the Record) is obvious that it is a clerical error in the victim vehicle repair cost, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and the accident site photograph;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. A written diagnosis and a written estimate (Evidence No. 42-44 pages);

1. Application of the Act and subordinate statutes to a criminal investigation report (for example, a motion picture image of a damaged vehicle), a video recording CD for a damaged vehicle;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property by negligence) and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).