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(영문) 울산지방법원 2019.08.28 2019고단1785

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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving motor vehicles B trop troke.

On April 14, 2019, at around 03:10, the Defendant driven the said car while under the influence of alcohol with 0.146% of blood alcohol concentration, and driven the two-lane road in front of the multielectric tunnel, which is located in Ulsan-gu Multi-gu, Ulsan-gu, the Defendant driven the two-lane road in the direction of the multielectric tunnel, along the two-lane distance from the multielectric tunnel.

In such cases, there was a duty of care to maintain the safety distance with the vehicle in front and to operate the brakes properly by properly operating the brakes while keeping the brakes well.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding in the same direction at the passenger car transfer zone of the Defendant, which was a part of the victim C(25 years old) driving in the same direction, and received the front side of the car driving of the Defendant.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as salt, tensions, etc. in light of the trend requiring approximately two weeks of medical treatment, and sustained injury to the victim E (19 years of age) who was on board the said spawn vehicle, such as spawn salt, tensions, etc. in need of medical treatment for about two weeks, and escaped without taking necessary measures, such as extinguishing the said spawn vehicle and providing relief to the victim E (19 years of age), while destroying the spawn vehicle for the repair cost of the spawn exchange, etc.

2. Around 03:10 on April 14, 2019, the Defendant driven a B trop troke in the state of alcohol with a blood alcohol content of about 0.146% from the 4km section from the road in Ulsan-gun, Ulsan-gun to the G road located in Jung-gu, Jung-gu, Seoul-gu to the day before the G road located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C.