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(영문) 울산지방법원 2017.06.14 2017고단470
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of Grandland B with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the injury).

On December 21, 2016, the Defendant driven the above passenger car with a alcohol content of 0.102% among blood transfusions on December 21, 2016, while driving it with a alcohol content of 0.102%, and driving the national highway of 7 in front of the “D” located in Yangsan City C, along the “scline” page from the “scline” page from the “scline,” and proceeded along the two-lanes among the three-lane roads.

On the three-lanes prior to the moving direction, the victim E(61) taxi was stopped to get passengers to get passengers, so in such a case, the driver of the vehicle had a duty of care to look at the front and right right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, due to the negligence of being negligent in driving while under the influence of alcohol, the Defendant received the part on the left side of the above taxi which was under the stop, and then received the part on the upper right side of the above van.

As a result, the Defendant suffered injury to the victim, such as “heat with no one in two open,” which requires medical treatment for about two weeks due to the above occupational negligence, and at the same time, 2,573,426 won, such as the exchange of fences on the left side of the said taxi, were escaped without taking necessary measures, such as immediately stopping the said taxi and providing relief to the victim.

2. The Defendant, in violation of the Road Traffic Act (drinking driving), driven a Grand Car with alcohol content of 0.102% while under the influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police victim to E;

1. A survey report on actual conditions;

1. The circumstantial report of the driver who takes the main place;

1. A copy of a medical certificate;

1. Application of the statutes governing a copy of a written estimate for damaged vehicles;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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