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(영문) 울산지방법원 2019.01.17 2018고단3099
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2015, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Ulsan District Court on November 30, 2015, and was sentenced to a summary order of KRW 9 million for the same crime at the same court on August 31, 2018.

1. Around 02:25 on August 25, 2018, the Defendant driven a dtibane car under the influence of alcohol at least 0.135%, without obtaining a driver’s license, from the public parking lot for shipping and bathing beaches located in the west-gu Busan, Busan, Busan, Daegu, Busan, and without obtaining a driver’s license, from approximately 5km section to the Cmobur road located in the Busan, Daegu, Busan, Daegu, Busan, the Defendant driven a dtibane car under the influence of alcohol at least 0.135%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaging in driving a DNA car.

On August 25, 2018, at around 02:11, the Defendant proceeded on a two-lane road in front of the building in Busan, Daegu, at the entrance direction of a shipping beach, at about 50 km each speed in the direction of F.

At that time, the defendant was found to cross the crosswalk installed in the front bank by the victim G(29 years old, female) from the right side of the crosswalk to the left side, so the defendant engaged in driving service has a duty of care to temporarily stop the defendant to pass through or yield the course to the victim.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, taken the victim's left side with the wheels in front of the right side of the said Tluri-car that the Defendant driven by the Defendant as it is, and caused the victim to go beyond the road.

Ultimately, the Defendant’s occupational negligence resulting in the victim’s left-hand salt, saves, and saves on the left-hand side, and the left-hand saves, but immediately stops, and provides relief to the victim.

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