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(영문) 울산지방법원 2013.05.02 2013고단369

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a three-dimensional vehicle.

On December 14, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.174% 0.174% around 20:45 on December 14, 2012, and continued to drive the said car toward the pool village from the south-ri side of the Gyeyang Sports Park, which is located in the Southern-gun, Ulsan Metropolitan City, Ulsan Metropolitan City.

Since a road has a central line installed, the defendant, who is engaged in the driving of a motor vehicle, has a duty of care to prevent accidents in advance by returning the front line and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as aiding and abetting the left-hand rupture rupture, which requires treatment for about 16 weeks from the front side of the said passenger vehicle, by taking the front side of the said passenger vehicle driven by the victim D (the age of 51) who is driving from the south-ri village due to negligence going through as it was. At the same time, the Defendant got injured by the victim, such as cutting off the left-hand rupture rupture to the left-hand rupture, and immediately stopped the said cargo to scrap the said cargo, and failed to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The accused under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.