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(영문) 울산지방법원 2017.12.07 2017고단3473
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 28, 2014. On March 18, 2015, the same court issued a summary order of KRW 1.5 million for the same crime. On April 19, 2016, the same court issued a summary order of KRW 1.5 million for the same crime. On April 27, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution and became final and conclusive on April 27, 2016.

[Criminal Facts]

1. The defendant is a person who is engaged in driving of the E-Poter cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Escape) and the Road Traffic Act (Non-accident after Accidents).

On September 5, 2017, the Defendant driven the above cargo vehicle with alcohol content of 0.097% while under the influence of alcohol without obtaining a driver's license on September 16:30, 2017, and driven the two-lane road in front of Gelel in Ulsan-gun, Ulsan-gun, Ulsan-gun, with two-lanes from the water room to the two-lane, with one speed of about 57km.

At the same time, the lower level of the road was milched, and it was the luxed lux road in the shape of S, on which the center line of yellow solid lines was marked. In such a case, there was a duty of care to prevent accidents in advance by reducing the speed and accurately operating the lux and steering gear for the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the operation of the operation and steering gear of the central line without reducing speed, caused by the negligence of the Defendant’s running the central line along the opposite direction of the Defendant’s proceeding, and the driving of the victim H(47 cc) that normally proceeds along the one lane, i.e., the front part of the Defendant’s driving.

After all, the Defendant damages the above Oral cream so that the repair cost of KRW 2,370,000, such as the replacement of Hands by occupational negligence as above, and at the same time, the Defendant suffers double alleys and brain damage.

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