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(영문) 울산지방법원 2013.07.18 2013고단2166
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On October 4, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) and a summary order of 1.5 million won by the same court on April 1, 2009, respectively.

【Criminal Facts】

1. Around 03:00 on April 7, 2013, the Defendant was driving a B camping car under the influence of alcohol of about 2 km from around 03:25 on the same day to the roads of 0.089% of blood alcohol concentration from the 2km section to the roads of the e-mail distance in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

2. The Defendant is a person who is engaged in driving a motor vehicle B camping in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (non-accident).

On April 7, 2013, at around 03:25, the Defendant proceeded at a speed of about 50 km from the middle three-lanes to the parallel of solar road in front of the Taegsan-gu New-dong, Ulsan-gu, Ulsan-do along the speed of about 50 km along the three-lanes.

At the same time, the victim C(the age of 32) was in a state of rain at night and in the same direction led to the behind a passenger car, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and secure the safe distance by well examining the situation.

Nevertheless, the Defendant neglected this to drive the vehicle without speed, and thereby, got off the front door of the vehicle driving by the victim C, which was driven by the same lane as it was due to the negligence of driving the vehicle in front of the same lane, and received the part of the above B camping.

Ultimately, the Defendant’s occupational negligence requires approximately three weeks of medical treatment to the victim, such as spawnitis.

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