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(영문) 울산지방법원 2019.06.14 2019고단309
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On December 13, 2010, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on January 28, 2014, respectively.

【Criminal Facts】

1. Around 23:00 on January 6, 2019, the Defendant driven a Epoter-II truck under the influence of alcohol level of approximately 0.177% from the front of the “Building B in Ulsan-gun, Ulsan-gun,” “D farm” to the front of the “D farm” located in C. Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol, who violated Article 44(1) of the Road Traffic Act two times or more, once again. 2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) and the Defendant is a person engaging in driving of the Epoter-II truck. The Defendant, around 23:10 on January 6, 2019, driven the above cargo vehicle under the influence of alcohol as stated in the above paragraph (1) and was under the influence of alcohol in front of the “FG patrol center located in Ulsan-gun,” and the Defendant was under the influence of the J police station as the victim.

At the time, the K patrol car of the victim was in the front and rear of the defendant's vehicle, while the net 2 was in the front of the defendant's vehicle, and the defendant was concealed on the left side of the defendant's vehicle, so in such a case, the driver of the vehicle was obliged to follow the direction of the patrol car and to safely proceed by checking the traffic situation of the front and rear left-hand vehicle.

Nevertheless, as seen above, the Defendant, while drunk, has fleded in the front and rear side of the vehicle, has obstructed the course, and the vehicle has been driven behind in the course of searching for the escape route.

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