(영문) 울산지방법원 2017.12.14 2017고단3630

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(영문) 울산지방법원 2017.12.14 2017고단3630

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B with the highest speed in violation of the Act on the Aggravated Punishment of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the injury).

On August 7, 2017, the Defendant driven the said car at around 23:47, and continued to drive the said car at a speed of 4-lane near the intersection in Yangsan City, along the three-lanes from the side of Yangsan Busan Busan National University to the parallel of Geum-si.

At the time, motor vehicles are at night and in the atmosphere for signal at the intersection. In such cases, the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so while under the influence of 0.171% alcohol level in blood and negligently driven by the Defendant due to negligence while driving the said vehicle, thereby causing the Defendant’s driver’s car in front of the instant vehicle in front of the Defendant’s driving direction by taking part of the victim D (V, 26 years old)’s EEX car behind the signal signaled vehicle in front of the Defendant’s driving direction, resulting in the Defendant’s light fluor and tensions that require approximately two weeks medical treatment, and at the same time, damaged the said victim’s driver’s car so that the repair cost of KRW 8,980,000 is 8,90.

Ultimately, the Defendant did not immediately stop the Defendant, even though he suffered injury to the victim due to the above occupational negligence, and did not take measures such as aiding and abetting the damaged person even though he destroyed the object.

2. Violation of the Road Traffic Act (drinking) the Defendant driven the vehicle as referred to in paragraph (1) while under the influence of alcohol at approximately 0.171% of alcohol level from the front side of the Busan National University Hospital to the front side of the same city from the 1.6km section of approximately 1.6km in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1. F with respect to F.

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