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(영문) 울산지방법원 2015.11.06 2015고단2269
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around August 11, 2015, the Defendant violated the Road Traffic Act ( sound driving) driven a B EX car at the section of approximately four kilometers in front of the entrance of the Postal Innovation City located in Ulsan-gu, Ulsan-gu, Busan-do, the upper Do department store, while under the influence of alcohol by 0.140% of the blood alcohol concentration on August 11, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving of EXE cars.

The Defendant was driving ahead of the entrance of the Postal Innovation City, which is located in the north-dong in Ulsan-gu, Ulsan-do, to the Sung-dong from the intersection of North Korea.

A person engaging in driving of a motor vehicle has a duty of care to see the right and the right and the right while driving the motor vehicle in compliance with the vehicle line, and to drive the motor vehicle, despite the fact that the defendant caused the center line under the influence of 0.140% of blood alcohol concentration by negligence while driving the motor vehicle, and caused the victim C (22 years old) driving the motor vehicle normally proceeding at the opposite line to the moving direction of the motor vehicle in the direction of the defendant.

The Defendant, by the above occupational negligence, sustained injury to the victim, such as a sprink spons, etc., on both sides of the spons that require four weeks of treatment, and at the same time, escaped without immediately stopping the said spons to ensure that approximately KRW 3,207,653 of the repair cost, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of police;

1. The actual condition survey report, on-site and vehicle photographs;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts;

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