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(영문) 울산지방법원 2020.05.15 2019고단5446

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 drives a B B B B B B-B car.

피고인은 2019. 11. 05. 22:05경 울산 동구 C 앞 도로를 둠뫼공원 방면에서 등대사거리 방면으로 직진하게 되었다.

Since there is a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to prevent various traffic accidents by driving along the right lane from the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line and proceeded with the opposite lane, and at the time, was negligent in driving the victim D (hereinafter referred to as 61 years old) in the opposite part of the Defendant’s proceeding direction, E-on-on driving of the vehicle in front of the driver’s seat in the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks, and, at the same time, escaped without immediately stopping the victim’s vehicle and taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the victim’s vehicle to fall under KRW 1,316,000.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, and report on a traffic accident (1), and (2);

1. Photographss related to traffic accidents;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a written diagnosis (D) and a written estimate for checking and maintaining motor vehicles;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. An order to attend a course under Article 62-2 of the Criminal Act;