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(영문) 울산지방법원 2018.08.16 2018고단1230
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving a franchise-low-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes" and the Road Traffic Act (

On March 8, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.205% among blood transfusions on March 8, 2018, while driving the said car, and driving the upstream underground roadway in Ulsan-gu, Ulsan-do toward the chemical service distance from the economic side of the Promotion Agency.

At the time, there was another vehicle in the front door of the defendant's vehicle, so there was a duty of care to prevent accidents by driving safely, such as thorough operation of the brake system, etc.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and not operating the brake system accurately without properly operating it, and the part of the victim D(57) driving in front of the Defendant’s direction was shocked with the part of the back of the victim D(57) driving in front of the Defendant’s driving direction.

Ultimately, the Defendant, at the same time, sustained injury to the Victim F (F) who was a passenger of the said rocketing car due to the foregoing occupational negligence, by causing approximately two weeks of injury, such as salt ties and tensions that require treatment, and at the same time, the repair cost of KRW 582,778, supra, escaped without taking necessary measures, such as aiding and damaging the said rocketing car to the point of time and providing relief to the damaged party.

2. On March 8, 2018, the Defendant violated the Road Traffic Act (divated driving) stated paragraph (1) in the section of about 5 km in the direction of alcohol concentration of approximately 0.205% from the 5km section of the blood alcohol level to the 302-dong underground parking lot of the same Dongamam-dong to the same traffic accident, as described in paragraph (1) from the west-dong parking lot in the name of modern automobile located in the north-dong, Ulsan-dong, Ulsan-dong to the same Guamam-dong.

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