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(영문) 울산지방법원 2015.05.22 2015고단465

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four 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 ecoo vehicle.

1. Around 21:10 on February 28, 2015, the Defendant was under the influence of alcohol with a 0.133% alcohol concentration at a 0.13% alcohol level, and the Defendant driven the said cub vehicle from the front side of the “Tin metal” road located in the water-Eup village in Yangsan-si, Yangsan-si, Yangsan-si, to the front side of the mountain village located in the water-Si, Yangsan-si, Yangsan-si, and from approximately 2 km from the front side of the mountain village located in the water-Si, Yangsan-si, Yangsan-si, Yangsan-si, to the front side of the bus stop at the 300-1 South-Seoul, Yangsan-si, Yangsan-si, Yangnam-si, the said cub vehicle was operated respectively.

2. Around February 28, 2015, the Defendant driven the said Eccoo vehicle according to two-lanes of the two-lane between the water basin and the water protection area of the mountain village located in the water basin in the Gyeongnam-si, Yangsan-si in the state of alcohol around February 21, 2015, while under the influence of alcohol.

At the time, since the driver was in a state of rain, there was a duty of care to make it possible for a person engaged in driving a motor vehicle to live well well, and drive a steering boat and brake system accurately and safely to prevent the accident in advance.

Nevertheless, the Defendant neglected this and was negligent in driving while under the influence of alcohol in the vicinity of the bus stops near the bus stops in front of the direction of the Defendant’s proceeding, and the part behind the passenger car of the victim E (55 years old) driving, which was parked in the vicinity of the bus stops, was shocked with the front part of the vehicle of the Eccuss.

As a result, the Defendant caused damage to the head and breast part of the above victim due to the above occupational negligence, resulting in brain death, and caused the death of the above victim at the Yangsan University Hospital located in Yangsan-si on March 1, 2015, and on March 12:35, 2015, the next day was killed at the Yangsan University Hospital located in Yangyang-si, Yangsan-si, and was on board the head of the driver’s vehicle.