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(영문) 울산지방법원 2013.03.28 2013고단310
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On November 4, 2012, the Defendant: (a) was a person who is engaged in driving of BF car; (b) while driving the said vehicle under the influence of alcohol content of 0.113% at a 0.13% alcohol level, and driving the said vehicle on the side of Ulsan-gun, Ulsan-gun, Ulsan-gun, the front road in front of the “ direct maintenance center” at the port of the TFri-gun, where the said vehicle was under the influence of alcohol; (c) while neglecting the duty of the front-down of the said vehicle under the influence of alcohol, the Defendant: (d) was negligent in the course of performing duties that caused the victim C (55 years old) driving on the front-hand side of the said vehicle due to his occupational negligence and caused the victim to suffer injury, such as brain dust, etc. requiring treatment for about three weeks; and (d) at the same time, the said vehicle was destroyed to the extent that it is impossible to repair the said vehicle, and did not immediately stop the vehicle and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident occurrence report and investigation report;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Requests for an on-site investigation;

1. A medical certificate;

1. A certificate of automobile-scrapping;

1. In relation to investigation reports and calculation of the feet;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Article 148-2 (2) 2 of the Road Traffic Act (the point of a sound driving) concerning the criminal facts;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and between the crimes of violation of the Road Traffic Act due to failure to take measures after damage);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the defendant under Article 62 (1) of the Criminal Act is in deep reflects on this Court, that the victim was not injured by the above accident, and that the defendant is the victim;

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