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(영문) 울산지방법원 2018.11.09 2018고단2185
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2018, while under the influence of alcohol level of 0.166% from blood alcohol level at 0.23:00, the Defendant driven a Cone Star-gu D apartment, Ulsan-gu, Seoul-gu, to turn to the Gu office from the direction of the Gu office, while driving the Cone Star-gu, U.S., U.S., under the influence of alcohol. As above, under the influence of alcohol, the Defendant destroyed the victim E (41) under the influence of alcohol to turn to the left without properly examining the surrounding traffic condition and did not immediately stop the part on the left of the road. At the same time, the Defendant: (a) caused the victim’s vehicle owned by the victim to have the dystyp in need of approximately two weeks treatment; and (b) caused the damage to the victim’s vehicle, and (c) did not immediately stop the vehicle and take necessary measures, such as providing relief.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The investigation report (the sequence 35 in list of evidence);

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

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148, 54 (1) (the point of non-measures taken after the destruction of goods), 148-2 (2) 2 and 44 (1) (the point of drinking) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment prescribed for any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and any violation of the Road Traffic Act (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a punishment for any violation of the Act on the Aggravated Punishment, etc.

1. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Constitution) on the Aggravated Punishment, etc. of Specific Crimes, shall be punished by imprisonment with prison labor, or a crime of violation of Road

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