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(영문) 울산지방법원 2016.01.28 2014고단3952
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 23, 2010, the Defendant was sentenced to a fine of 700,000 won due to a violation of road traffic law at the Ulsan District Court on January 24, 201, and was sentenced to a fine of 2 million won due to a violation of road traffic law at the Busan District Court on January 24, 201, and on November 23, 201, the Defendant was sentenced to a fine of 5 million won due to a violation of road traffic law at the Ulsan District Court on November 23, 201.

[Criminal facts]

1. On March 23, 2014, the Defendant violated the Road Traffic Act (drinking) driven a motor vehicle with DNA alcohol level from approximately 25km to the Defendant’s house located in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front road in front of the restaurant at the house, and driving a motor vehicle under the influence of alcohol level of about 0.129% in blood at the section of about 25km to the Defendant’s house located in Ulsan-gun, Ulsan-gun, Ulsan-gu.

2. The Defendant is a person who is engaged in driving a motor vehicle with D having low speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (Egress after accidents).

On March 23, 2014, the Defendant driven the above car at around 22:12, and led the two-lanes of the two-lanes in the Ulsan-gu Postal Zone to proceed along one-lane in the north-gu Postal Zone at the direction of the Office of Education.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as operating a direction direction when changing the vehicle line, giving prior notice of change of course, and keeping the traffic situation at the right and right, and changing the vehicle line.

Nevertheless, under the influence of alcohol, the defendant neglected to change the vehicle line to the right side of the vehicle that the defendant drives by mistake, and caused the impact on the left side of the vehicle driving by the victim E(46).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence as above, and at the same time, the victim’s vehicle was repaired.

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