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(영문) 울산지방법원 2015.03.12 2015고단92

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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

On January 28, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court on January 28, 201, and was sentenced to a fine of KRW 4 million on August 21, 2012, and was engaged in driving of B K5 cars.

1. On October 25, 2014, the Defendant driven the said car under the influence of alcohol content of about 0.142% from the three kilometers from the roads located in the military base in Ulsan-gu, Ulsan-dong to the roads located in the same Gu, the Dogsan-dong MBC distance of the same Gu, via the same Dogsan-dong MBC distance.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-gu) operated the said car under the influence of alcohol concentration of 0.142% in a temporary border, such as Paragraph 1, and operated the said car along one-lane of the two-lane road in front of the North Ulsan-dong telephone station outside Ulsan-dong, Ulsan-gu, Seoul-do.

At the same time, there was a crosswalk in which signal lights are installed, so there was a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance by checking whether there is a person driving the motor vehicle, who is engaged in driving the motor vehicle, to reduce the speed and to see it well.

Nevertheless, the Defendant neglected this and did not stop even when the vehicle signal was changed to a stop signal while under the influence of alcohol, and found the victim C (74 years old) who walked on the crosswalk to the right side of the road from the left side of the Defendant’s direction to the right side, and did not avoid it, and was faced with the victim’s right side by the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as the franchising species, which require approximately three weeks of medical treatment.