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(영문) 울산지방법원 2014.03.27 2013고단4050

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person engaged in driving a Cren car.

On October 31, 2013, at around 00:25, the Defendant driven the above vehicle while under the influence of alcohol of 0.162% of alcohol concentration, and transferred the intersection of the private distance of 2-rith of the Hogsan-dong market in the boundary of Ulsan-gu, North Korea through the flow of yellow dust or the outflow from the boundary of the bank.

Since it is an intersection where signal, etc. is installed at that time, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving safely by safely examining the safety and front left.

Nevertheless, the Defendant neglected to turn to the left while leaving the right at the right angle, and led the victim D(37 years of age) driving to turn to the left from the right direction in accordance with the new subparagraph, to the front part of the vehicle of the Defendant.

As a result, the Defendant suffered from an injury to the injured party, such as light dump, which requires treatment for about three weeks by negligence in the course of business as above, and at the same time, went away without immediately stopping the injured vehicle to ensure that approximately KRW 1,498,476 won is damaged and the injured vehicle does not take measures such as providing relief to the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A traffic accident occurrence report, a report on detection of a host driver, and a notice of correction;

1. The actual situation, survey stations and field photographs;

1. Written estimate, the ledger of driver's license for motor vehicles, and making inquiries into the vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Discretionary mitigation Criminal Act;