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(영문) 울산지방법원 2017.10.17 2017고단2848

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving of B-learning cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the violation of the Road Traffic Act (the post-accident).

On June 25, 2017, the Defendant driven the said car under the influence of alcohol content of 0.071% in blood around 23:30 on June 25, 2017, and led to a five-lane road in front of an apartment complex on the south-gu, Ulsan-gu, Ulsan-gu, Seoul-do, along four-lanes in the shooting distance of the culture and arts center, at a speed of about 60km in the speed.

At the same time, the Defendant was scheduled to make a bypass, and in such a case, there was a duty of care to make a person engaged in driving a motor vehicle look at the front door well, and to accurately manipulate the brake and steering gear to prevent the accident in advance.

The Defendant, while under the influence of alcohol, was on the part of the victim C(33 ) patrol vehicle’s left side of the victim C(33 ) who was under the influence of alcohol and was under the influence of alcohol without examining the front side properly, and was under the influence of the Defendant’s driving with the front side of the Defendant’s driving.

The Defendant, by such occupational negligence, sustained around 2 weeks from the victim E (29) who was boarding the said rocketing car to the victim E (hereinafter referred to as the “victim”) with the base of the string that requires approximately 2 weeks’ medical treatment, and at the same time, did not take necessary measures, such as immediately stopping the said rocketing patrol vehicle and providing rescue to the victim E (29 years old), for the repair cost of KRW 2,015,594, such as the exchange of dice fences.

2. 도로 교통법위반( 음주 운전) 피고인은 전항의 일시에 울산 남구 달동에 있는 팰 리 체 컨벤션 앞 도로에서부터 울산 남구 달동에 있는 번영 사거리 앞 도로에 이르기까지 약 1km 구간에서 혈 중 알콜 농도 0.071% 의 술에 취한 상태로 B 모닝 승용차를 운전하였다.

Summary of Evidence

1. The defendant's person;