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(영문) 울산지방법원 2018.06.05 2018고단551

특정범죄가중처벌등에관한법률위반(도주치상)등

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1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and violates the Road Traffic Act (the measure not yet taken after an accident). CA is a person who is engaged in driving a car with 30 automobiles.

On October 05, 2018, the Defendant driven a car under the influence of alcohol content of 0.134% among blood transfusion around 06:00, and operated a car under the influence of alcohol content of 0.134% at the speed of about 60km from the direction of the virtue market to the fourth distance of the “E” located in Ulsan-gun, Ulsan-gun.

Since there is a road where a central line is installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured Party F, which was driven by the injured Party F, due to the negligent negligence of the central line, with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim F, such as salt, tensions, etc. in need of approximately two weeks’ treatment due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as aiding and abetting the victim F to the extent that the repair cost of KRW 13,639,265, such as the exchange of the front offender, was damaged by the victim F.

2. On October 05, 2018, the Defendant violated the Road Traffic Act (drinking) driven a car of about 30km in the section of about 8km from the front of a main station where the trade name is unknown to the “E” located in Ulsan-gun, Ulsan-gun, in a state of alcohol content 0.134% under the influence of alcohol among blood transfusion around 06:00, the Defendant driven a car of about 0km in the section of about 8km from the front of a main station where the trade name is unknown to the front of “E” located in Ulsan-gun, Ulsan-gun

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated automobiles which were not covered by mandatory insurance at the same time and at the same place as paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A copy of a written diagnosis and a written estimate;