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(영문) 울산지방법원 2013.04.18 2012고단3787

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving a Cren car.

On November 21, 2012, at around 23:00, the Defendant was under the influence of alcohol with 0.112% of blood alcohol concentration 0.12%, and the Defendant got to turn to the left at the right speed in the direction of the right entrance from the direction of 109 to the 109 gate.

A person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, went into the apartment complex through the above apartment door door of the apartment complex due to the negligence of the Defendant’s failure to neglect it, shacked the front part of the victim D(54 years old) driving car of the above rocketing car, and led the victim F (35 years old) driving car to collision with the front part of the above rocketing car, thereby causing the victim’s injury, such as chill, tension, etc. requiring approximately three weeks of medical treatment, and at the same time, destroyed the victim’s car to repair costs of KRW 2,876,560 to the victim’s car, and escaped without taking necessary measures, such as immediately stopping the vehicle, even though the victim’s 318,880 won was damaged to the victim’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual condition survey report;

1. A medical certificate;

1. An investigation report (a detailed statement of the examination of repair expenses shall be attached);

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, 54 (1) of the Road Traffic Act, Articles 148, 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 imprisonment with prison labor chosen;

1. Aggravation for concurrent crimes;