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(영문) 울산지방법원 2021.01.15 2020고단4833
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

1. On July 16, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act by the Ulsan District Court.

Nevertheless, on September 15, 2020, the Defendant driven a e-learning car under the influence of alcohol level of about 0.178% from the front of the “C cafeteria” road located in Ulsan Northern-gu B to the front of the same Gu D building.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) are those who are engaged in driving of the

On September 15, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.178% in blood at around 05:30 on September 15, 2020, and driven the said car along the three-lane road in front of Ulsan-gu, Ulsan-do along the two-lane distance from G to Newcheon-distance.

At that time, in front of the defendant's moving direction, the victim H (the South and the North 40-year-old driver) stopped in the traffic signal atmosphere, and thus, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the operation of the brake and steering gear and accurately manipulating the steering gear.

Nevertheless, the Defendant had been negligent in performing so-called as above while neglecting to do so, and was found to have been the front part of the car driven by the Defendant following the above low-speed car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, the repair cost of KRW 1,092,376 was damaged to the above low-priced car and escaped without taking necessary measures, such as aiding and abetting the damaged.

Summary of Evidence

1. The defendant's person;

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