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(영문) 울산지방법원 2015.05.14 2015고단457
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

1. On February 5, 2015, the Defendant was driving a vehicle of about 14.1km from the old world near the mobilized apartment in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the roads front of the west-do, under the influence of alcohol by 0.135% of blood alcohol concentration around February 21, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving a car of Crenas.

On February 5, 2015, at around 21:15, the Defendant had a one-lane prior to the ocean museum located in the west of Ulsan-gun, Ulsan-gun, in the direction of Busan-do.

However, since the passage of vehicles at night is frequent at the time, in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gear and brake system and emphasizing the direction of the operation of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.135%, was driving without being negligent in performing the above duty of care, and was faced with the back part of the victim D(32 years of age) car E in front of the direction of the proceeding.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as light salt, which requires approximately 20 days of medical treatment, and sustained injury to the victim FF (n.e., 40 years of age) who was on the top of the Toscar car, including light salt, for about two weeks of medical treatment, and escaped without taking necessary measures, such as making a stop on the scar car so that the amount equivalent to KRW 1,018,50,00 of the repair cost is damaged, and then the Defendant escaped without taking necessary measures such as seeking the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written statements of D;

1. A written report and circumstantial statement of an employer-employed driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Regarding an accident;

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