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(영문) 울산지방법원 2017.01.25 2016고단4333
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 21:50, 201, the Defendant driven a motor vehicle with Dial alcohol concentration 0.191% under the influence of alcohol level at approximately 5km from the 101 East-gu, Ulsan-gu, U.S., Ulsan-gu, U.S., U.S., U.K. to the access road to the south-gu, U.S., U.K. at the 101 East-gu, Ulsan-gu, U.S., U.S., U.K. (D.).

2. The Defendant is a person engaging in driving service of low-priced automobiles as provided in paragraph (1).

On November 7, 2016, the Defendant driven the above car at around 21:50, and proceeded along the road of the second line in the north-gu, Ulsan Metropolitan City along the one-lane of the mountain-do. On November 7, 2016, the Defendant entered the road between South and North Korean intersection.

At night and on the two-lanes, the victim E was a driver of the motor vehicle, and therefore, the driver of the motor vehicle had a duty of care to avoid the shock with the damaged vehicle by putting the front door and accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to maintain a safety distance while under the influence of alcohol, but changed the vehicle line to a two-lane, as stated in paragraph 1, and went away without immediately stopping the vehicle and without taking necessary measures, even though the Defendant’s failure to maintain a safety distance, and then shocked the vehicle behind the vehicle in front of the said vehicle in front of the said vehicle in front of the said vehicle in front. In addition, the Defendant suffered injury, such as salt, tension, etc. of a confection requiring approximately two weeks treatment, and at the same time, destroyed the said vehicle in front of the repair cost of KRW 4,190,117.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes, such as a copy of each written diagnosis and written estimate (net 25);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning criminal facts.

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