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(영문) 울산지방법원 2017.11.02 2017고단3574
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 5 million for the same crime at the same court on June 17, 2015.

1. On August 19, 2017, the Defendant was under the influence of alcohol at around 02:30, the Defendant driven the B K7 car owned by himself from the front of the mutually influent restaurant located in the Nam-gu Busan Metropolitan City, Seosan-dong, to the front road of the “BK on the Gosan-dong” located in the same Kusan-dong under the influence of alcohol content by 0.214%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the violation of the Road Traffic Act (the measure not to be taken after the accident) are those engaged in driving B K7 automobiles.

The Defendant, as described in the preceding paragraph, was able to go straight along the four-lane road in front of the “Dental Hospital” located in Ulsan-gu, Ulsan-gu, under the influence of alcohol, along the three-lanes toward the industrial tower from the right distance.

At the time, the location is at night and is at the four-lanes where the lanes are installed. In such a case, the driver of the motor vehicle had a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering system and the brakes.

Nevertheless, the Defendant was driven by the victim E by the negligence of driving in close vicinity of the four-lanes of alcohol, and was driven by the victim E, and the remaining parts of the F Corer-crick cruise cracking car was followed by the front right part of the said K7 car.

Ultimately, the Defendant’s negligence in the above occupational negligence inflicted injury on the victim E on the treatment days, and inflicted injury on the victim G who was boarding the back seat of the said McS cruise cruise car with approximately two weeks of treatment, such as base salt, tension, etc., each of which requires approximately two weeks of treatment, and at the same time, the said McS cruise cruise car is required to be repaired in the amount of KRW 1,306,666.

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