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(영문) 울산지방법원 2015.02.12 2014고단2709
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person engaging in driving service of K3 cars owned by himself/herself in violation of the Act on the Aggravated Punishment of Specific Crimes and the Road Traffic Act.

On June 3, 2014, at around 04:10 on June 3, 2014, the Defendant driving the said car under the influence of blood alcohol concentration of 0.114%, and driving the multi-way road in front of Ulsan-dong, Ulsan-gu, U.S. into the south Tri-distance 20km from the outside of the mountain beach to the south Tri-gu.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to change his/her career safely by taking into account his/her career change and the traffic situation at right and right.

Nevertheless, the Defendant neglected this and changed the course from a two-lane to a three-lane, while driving the victim C(55 years of age), and received the left-hand corner of the driver's line in front of the Dona-si.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., necessary for the treatment of approximately two weeks, and at the same time, destroyed the said small-scale taxi to come up with approximately KRW 66,00,00 for repair expenses, and escaped without taking measures, such as providing relief to the victim.

2. Around 04:10 on June 3, 2014, the Defendant was driving BK 3 cars under the influence of alcohol with a blood alcohol content of about 4.5 KK at the section of approximately 0.114% from the point of 4.5 KK to the place of traffic accident in Ulsan-dong, Ulsan-gu, Ulsan-do, and the Defendant was under the influence of alcohol by 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiry into the result of the crackdown on drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. After accidents provided for in Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts;

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