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(영문) 울산지방법원 2017.11.23 2017고단3614
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Criminal facts

1. On August 27, 2017, the Defendant was under the influence of alcohol with 0.083% alcohol concentration from the front parking area of the 203-dong apartment of the 203-dong, Ulsan-gu, Ulsan-gu, Seoul-do, to the front gallon of the gallon of the 2nd apartment of the 203-dong, Ulsan-gu, Ulsan-do, U.S., U.S., the Defendant was under the influence of alcohol with 0.083% of alcohol concentration in blood.

2. The Defendant is a person who is engaged in driving a rocketing taxi driver in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) against the Victim C, violation of the Road Traffic Act (unnecessary Measures after Accidents), violation of the Act on the Aggravated Punishment of Specific Crimes against the Victim D ( also violation of the Act on the Aggravated Punishment of Specific Crimes) and violation of Road Traffic Act (after Accidents).

The Defendant, while under the influence of alcohol content of 0.083% during the blood transfusion at the time of the day set forth in paragraph 1, driven the above rocketing taxi and proceeded about 51-60 km in the direction of the Economic Promotion Institute from the north of Ulsan-gu, Ulsan-do along the four-lane roads in front of the F-do in the north-gu, Ulsan-gu, Seoul-do.

At night, at the time, Defendant C(50) was on board as a victim C(50) passenger at the time, and Defendant C(31) was on the front side of the Defendant, and the victim D(31) was driving, so in such a case, there was a duty of care to maintain the safety distance with the front vehicle and safely drive the vehicle to prevent accidents in advance.

The Defendant was negligent in driving the string while driving the string while under the influence of alcohol and received the part back to the left side of the string of the string of the string of the string.

Ultimately, the Defendant did not take necessary measures, such as aiding and abetting the victim C, who is a passenger of the foregoing taxi, by negligence in the course of performing his/her duties, even though he/she suffered injury to sacrines, etc. in two open areas where treatment for about two weeks is required. In short, the Defendant did not inflict injury on the victim D, such as sacratum, tensions, etc. requiring treatment for about two weeks.

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