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(영문) 울산지방법원 2016.09.08 2016고단1854
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving motor vehicles in C.

On April 22, 2016, at around 23:30, the Defendant driven the above car and proceeded at a speed of about 31-40km per hour on the front side of Ulsan-gun D, Ulsan-gun, a mountain box located at the jurisdiction of the High School for Management Information and Communications Information, which is located one-lane.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so the person engaged in driving service has a duty of care to thoroughly drive the front line and to safely drive the car line.

Nevertheless, the Defendant neglected this and led the victim E (the age of 37) who was driving along the opposite lane due to the negligence of driving the central line by breathing it, to go beyond the floor by taking the left part of the car as the upper part before the left part of the car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as saved salt saves that require approximately two weeks of medical treatment, and even if saves the above saves to repair the saves to the extent that the saves were damaged, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) to the above “D” parking lot from around 200 meters to the above “D” road, the Defendant driven the car in the stimul concerned while under the influence of alcohol content of about 0.192%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. Report on the statement of the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts;

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