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(영문) 울산지방법원 2014.12.17 2014고단3484
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person who is engaged in driving of C Crocks.

On November 2, 2014, while the Defendant driven the said vehicle under the influence of alcohol of 0.116% on blood alcohol concentration at 08:00, the Defendant, while neglecting his duty at the front of the West Tri-dong in the northwest-gu, Ulsan-gu, U.S. and driven the road in front of the Western Tri-gu, U.S. at the right side of the road at the front of the front of the road at the front of the front of the road, the Defendant, by his occupational negligence, led the victim D (72 years old), who walks to the port from the right side of the road at the front of the said vehicle, led to the death of the victim due to the cardiopulmonary stop due to the depression and the long-term damage on the site, and failed to take necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.116% from a section of about 20km from the front of the bones cafeteria, such as those located in the boundary line, etc. of the Northern-gu, Ulsan-gu, Seoul-do, Seoul-do, to the front day of the Seogsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of running a sound driving and the choice of imprisonment);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, among concurrent crimes, shall be concurrent crimes within the scope of adding up the long-term punishment prescribed for the crime of a

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