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(영문) 울산지방법원 2014.04.03 2013고단4133
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaging in driving a rocketing car.

On November 21, 2013, at around 07:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.083% of alcohol concentration, and turned to the left from the jurisdiction of the Youngnam Village at the jurisdiction of the Sinsan National University.

Since there is a distance from which traffic control is not carried out, the defendant engaged in driving service has a duty of care to prevent accidents by reducing speed and driving the front left and right well.

Nevertheless, the defendant neglected this and passed a left-hand left-hand left-hand turn without looking well at the right-hand left-hand side, and was driven by the victim D (the age of 28) with the front part of the car driven by the defendant.

Ultimately, the Defendant, by the above occupational negligence, suffered salt and tensions, salt and tensions in the catus, brain-proofs, dysium, and dysium, etc. from the victim, and at the same time, the Defendant escaped without taking necessary measures, such as making a stop immediately after destroying a ra vehicle to the extent that the repair cost of KRW 3,845,849 was damaged, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a report on detection of a driver, an accident site, and photographs of the accident vehicle;

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

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. The crimes of Articles 40 and 50 of the Criminal Act (the crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (the crimes of non-measures after the accident) are added; and

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