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(영문) 울산지방법원 2013.11.21 2013고단3226
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

1. The Defendant is a person who is engaged in driving a motor vehicle B, which is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 16, 2013, around 08:56, the Defendant came to proceed at a speed of about 30 KK km from the direction of the three-way distance, from the intersection of the Cheonggusan-dong, Ulsan-gu.

Since there is no signal signal, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle by temporarily stopping or slowly driving the motor vehicle before entering the intersection.

Nevertheless, when the Defendant neglected this and negligently proceeded in the state of alcohol level of 0.138% while drunk, the Defendant got the part on the right side of the bicycle driven by the victim C (the age of 17) who enters the intersection from the left side of the Defendant’s running direction to the right side of the bicycle driven by the victim C (the age of 17) to the front part of the Defendant’s driving vehicle, and went beyond the floor.

Ultimately, even though the Defendant suffered brain-dead symptoms for about three weeks of medical treatment due to occupational negligence above, the Defendant immediately stopped and escaped without taking measures such as aiding and abetting the victim.

2. On August 16, 2013, the Defendant was driving a B-to-pur vehicle under the influence of alcohol concentration of about 0.138% in the section of about 5 KK to the roads adjacent to the said modern department store via the Cheongdo in the same Dong-dong from the Do near the modern department store located in Ulsan-dong, Ulsan-gu, Busan-do, and thus driving the B-to-pur vehicle under the influence of alcohol concentration of about 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act.

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