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(영문) 울산지방법원 2017.08.24 2017고단43
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 motor vehicle of the Ethr.

At around 19:00 on November 2, 2016, the Defendant driven the said car with a alcohol content of 0.169% without a driver’s license, and led the G front distance in Ulsan-gun F, Ulsan-gun to the direction of the second new market in the virtue of the virtue.

At this point, since the road is a private-distance intersection, a person engaged in driving service has a duty of care to check the right and the right and the right before the right and the right and the right are safe, and then to make a right-hand.

Nevertheless, the Defendant neglected to do so and was negligent in bypassing as it is, as seen above, at the victim H(37 37) driving a vehicle due to the vehicle’s fault, and received the part of the right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand part of the vehicle.

As a result, the Defendant got injured by the Victim J (J, 27 years old) who was taking advantage of the said H and the said rocketing car, for approximately two weeks of medical treatment, and at the same time, destroyed the said rocketing car to be damaged by the repair cost of KRW 335,438, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The actual investigation report on traffic accidents;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 44(2)2 and 44(1) of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act, as to the crime.

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