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(영문) 울산지방법원 2019.05.22 2019고단615
특정범죄가중처벌등에관한법률위반(도주치상)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 of B Poter cargo vehicles.

On December 8, 2018, the Defendant driven the above cargo while under the influence of 0.234% of alcohol level 0.2,05, and proceeded at a speed of about 50 km in the speed of about 50 km depending on the speed of crob apartment distance from the eropo-gate, the Defendant was under the influence of driving the said cargo at a speed of 0.234% on the same direction as the above cargo level on the part of the victim E (n.e., 23 years old) (i., the Defendant was under the influence of alcohol at a speed of about 50 km from the eropo-gate, the eropo-gate part on the back side of the said cargo level, which was driven by the victim E (i.e., the e., the e., the e., the e., the e., the e., the e., the e. the pent part on the front side of the truck.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, 1,630,451 won of the repair cost did not immediately stop the said car and run away without taking necessary measures, such as providing relief to the victim, while destroying the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident (number 4), a report on the occurrence of a traffic accident, and a report on the actual situation (number 6);

1. Accidentd vehicles, field photographs, etc.;

1. Written estimate;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. A medical certificate;

1. A written appraisal of blood alcohol;

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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 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 (the bodily injury resulting from escape)

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