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(영문) 울산지방법원 2021.02.17 2020고단5033
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 26, 2020, the Defendant driven a D-hack vehicle under the influence of alcohol leveling 0.107% of alcohol level at approximately 10 meters from the C cafeteria road located adjacent to the C cafeteria in Ulsan-gu, Ulsan-gu, Seoul-do.

2. The Defendant is a person who is engaged in driving a motor vehicle with D for the following reasons: (a) a violation of the Act on the Aggravated Punishment of Specific Crimes (or a violation of the Road Traffic Act) and a violation of the Road Traffic Act (or an accident).

On August 26, 2020, the Defendant driven the said car under the influence of alcohol level of 0.107% from blood alcohol level around 20:04, and made it turn to the left from the middle school the intersection in front of the C cafeteria in Ulsan-gu, Ulsan-gu to the F Hospital.

Since there are frequent traffic congestion, in such cases, the driver had a duty of care to prevent accidents by temporarily suspending or stopping prior to entry into the intersection prior to the passage of the intersection and checking the left and right well before and after the passage of the intersection.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left without neglecting it, and was in the process of driving the F Hospital from the on the side of the multilateral movement to the F Hospital, and was in front of the driver's seat of the H of the victim G (S 42 years old), which was in the process of driving.

As a result, the Defendant: (a) caused the victim G by negligence in the above occupational negligence the injury of salt, tensions, etc. in the drilling and other parts of the 3-day medical treatment; (b) caused the victim I (the 70-year old-age-old), who was aboard the said victim’s vehicle, to suffer approximately three-day medical treatment; (c) the injury of salt, tensions, etc. in the mouths and tensions of the above 3-day medical treatment; (d) at the same time, the Defendant destroyed the son G with the repair cost to the extent that the repair cost is equivalent to KRW 2,01,488 due to the replacement of the left-hand door, etc.; and (e) did not immediately stop the son G with the necessary measures such as providing relief to the damaged person.

Summary of Evidence

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