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(영문) 울산지방법원 2018.05.30 2018고단816

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 a period of 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 (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”) by the Defendant is a person engaging in driving of B rocketing vehicles

On December 17, 2017, the Defendant, while under the influence of alcohol 0.138% during blood transfusion, driven the said string-to-face 35 in Ulsan-gu, Ulsan-do, while driving the said string-to-face 15:15% of alcohol level, led to a speed of about 20 kilometers per hour from the side of the Central Women's High School to the general playground.

Since there is a house side, the driver of the vehicle has a duty of care to safely drive the vehicle by taking into account the front side and the left side of the vehicle, accurately operating the brake and steering gear, and taking into account the pedestrian walking situation.

Nevertheless, the Defendant neglected to do so and went beyond the victim C (47 arche) who was walking at the front of the rocketing motor vehicle due to the negligence of breathing and driving, and went beyond the front part of the said rocketing motor vehicle.

Accordingly, even if the Defendant suffered bodily injury, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

2. Violation of the Road Traffic Act (drinking driving) driven a motor vehicle in the former port at a distance of about 10 kilometers from the Do in front of the mutual infriju-gun, Ulsan-gu, Ulsan-do, to the back road located in 35 in the middle-gu, Ulsan-gu, Seoul-do, to the side road located in the preceding port, while under the influence of alcohol content of about 0.138%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Death or injury caused by a failure to perform the duty of choice of punishment and the duty of choice of punishment: Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act.