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(영문) 울산지방법원 2018.01.18 2017고단4082
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving of a vehicle by borrowing B.

1. On October 28, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.226 percent from the parking lot of the world-wide Marart in the Sung-dong, Jung-gu, Ulsan-gu, Ulsan-si to approximately 61 street of 500 meters from the 6th of the same month to the 61st of the same month.

2. The Defendant: (a) violated the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) violated the Road Traffic Act (i) by driving the said vehicle under the influence of alcohol concentration of 0.226 percent during the blood transfusion at the time of the above day; and (c) led the white distance from the Glsan Central Police Agency located in the Glsan Central Police Agency located in the Glsan Central Police Agency, Ulsan Central Police Agency to the global ebbbrate.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brake system, etc. of the motor vehicle and to safely drive the motor vehicle according to the traffic conditions of the road by driving the motor vehicle on the front side and the left side.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving the Defendant’s vehicle due to negligence in the course of business, left the vehicle in front of the direction of the Defendant’s vehicle driving at one lane in front of the direction of the Defendant’s vehicle driving, was able to receive approximately KRW 1,528,00 of the victim’s vehicle’s repair cost and damaged the victim’s vehicle in front of the Defendant’s vehicle driving seat, and at the same time, proceeded without taking necessary measures, such as saving the victim’s E (e.g., 52 years of age) by stopping the vehicle, even though the Defendant suffered injury due to the climatic salt and tension, which requires approximately 2 weeks of medical treatment, while leaving the vehicle in front of the Defendant’s vehicle driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Report on the circumstances of the driver's license in charge, and report on the detection of the driver in charge;

1. A written diagnosis and a written estimate;

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