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(영문) 울산지방법원 2018.11.14 2018고단2763
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A 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

The Defendant is a person engaging in driving a car at the fourth time.

1. On September 2, 2018, the Defendant violated the Road Traffic Act (after-accidents), driving the said vehicle under the influence of alcohol level of 0.134% during the blood alcohol level around 08:10 on September 2, 2018, led the Defendant to drive the said vehicle and drive the said vehicle in front of D in Yangsan City C.

At the time, the passenger car was parked in the back of the victim E-owned passenger car, so there was a duty of care to prevent the accident from spreading to the driver of the vehicle.

Nevertheless, under the foregoing, the Defendant’s negligence, which led to a sudden back of the car, conflicts with the left-hand side of the said low-speed car with the Defendant’s passenger car, and continuously parked in the rear side, conflict with the Defendant’s passenger car on the left-hand side of the Defendant’s Hasop car owned by the Victim G, which was parked in the rear side.

As a result, the Defendant: (a) caused the above low-priced car to be KRW 1,873,716 to be the repair cost; (b) destroyed the car to be KRW 483,107 to be the repair cost; and (c) escaped without immediately stopping the car and without taking necessary measures.

2. On September 2, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the case after an accident) and the Road Traffic Act (or the case after an accident) have escaped at the same place as above and returned to the intersection of the above three-distance, but returned to the intersection of the above three-distance, and turn to the left in the direction of the remaining apartment.

In such cases, the driver of the motor vehicle has a duty of care to check the vehicle driving the above intersection with the driver of the motor vehicle and prevent the accident from occurring.

Nevertheless, the defendant is the defendant's person who is driving the victim I(48 tax) who was on the opposite side due to the negligence that the defendant was under the influence of alcohol to turn to the left.

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