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(영문) 울산지방법원 2013.09.05 2013고단2549
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a set of automobiles B.

On May 25, 2013, while under the influence of alcohol at 0.064% on blood alcohol level, the Defendant driven the above vehicle in front of the Southern wood middle school in the West-dong, Ulsan-gu, Ulsan-gu, and proceeds along two lanes from the south wood high school to the south wood distance from the south wood middle school. While under the influence of alcohol, the Defendant was driven by the victim C (Nam, 57 years old) who was under a temporary stop due to negligence in breach of the Jeonju City duty under the influence of alcohol, and was driven by the Defendant as the front part of the said vehicle.

Therefore, the Defendant, by negligence in the above occupational negligence, got the victim E (V, 25 years old), who was on board the said victim and the damaged vehicle, to take measures such as immediately stopping the damaged vehicle and providing rescue to the victim, such as making a catum f, etc. requiring treatment for about two weeks, causing the victim F (V, 18 years old) who was on board the damaged vehicle to suffer a catum f, requiring treatment for about two weeks, and also leaving the damaged vehicle without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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, Articles 148, 54 (1) (a) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses are that the defendant first committed an offense and agreed with the victim, taking into account the defendant's occupation, etc., and the degree of damage to the victims.

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