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(영문) 울산지방법원 2014.10.23 2014고단2251
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

The defendant is a person who is engaged in driving a e-cub vehicle B.

On June 22, 2014, at around 23:02, the Defendant driven the above vehicle while under the influence of alcohol of 0.102% with a blood alcohol concentration of 0.10% and driven the two-lanes of the two-lanes in front of the new response and drainage place in the West-gu, Ulsan-gu., Ulsan-do.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, brakes, and other devices of the motor vehicle while driving the motor vehicle on the front side and right side.

Nevertheless, the Defendant neglected to proceed with the vehicle in front of the above Ecoos car, caused the first shock day to the right-side of the vehicle in front of the above Ecoos car, followed the centralized separation zone by leaving the steering gear toward the left side, and caused the Done Stars car driving by the victim C (Nam, 65 years old) who was straighted at the same lane on the road in front of the left-side part of the Ecoos car.

As a result, the Defendant, by its occupational negligence, sustained the injury of the above victim, 6th left-hand 6 weeks of medical treatment, and the injury of the above victim E (the age of 61), who was on board the above Lone Star Co., Ltd., suffered approximately 2 weeks of medical treatment, and she also escaped without taking necessary measures, such as providing rescue to the victim, even though the above Lone Star Co., Ltd, was damaged to have an amount equivalent to KRW 2,844,292 of repair cost, such as the front-downer, etc., and at the same time, the central separation unit was destroyed to have an amount equivalent to KRW 2,30,00,000 of repair cost, without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, an accident site photograph, and a report on the detection of a host driver;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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