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(영문) 울산지방법원 2018.08.21 2018고단2025
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

1. The Defendant is a person who is engaged in driving a rocketing vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the accident).

On May 15, 2018, the Defendant driven the above rocketing vehicle with alcohol content of 0.149% in the influence of alcohol during blood around 21:05, while proceeding two lanes from the racing to the near water elementary school located in the 8-lane 50, Ulsan-gu, Ulsan-gu, and proceeding two lanes at a speed of 50km from the racing to the rest area of the medicinal freight, and changed to the one lane.

At the time of night, in such a case, there was a duty of care to safely operate the operation of the vehicle by accurately operating the operation and steering gear of the driver.

The Defendant neglected to do so and did not verify the existence of a vehicle driving on one lane, and caused the change of the lane to the above industry route from the side of the race, and received the back portion of the front side of the instant cruise vehicle driven by the victim D(35) (35) operating along one lane from the side of the race to the stop for medicinal freight.

Ultimately, the Defendant suffered from an injury to the victim, such as light fat, etc. in need of approximately two weeks’ medical treatment due to the foregoing occupational negligence, while at the same time, the Defendant went away without immediately stopping the said cruise vehicle owned by the victim and without taking measures, such as providing relief to the injured party, even though it damages the said cruise vehicle to be repaired in an amount equivalent to KRW 764,650.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant at around 3.5 meters away from the parking lot of the Gansung apartment located in the 15-5-dong-dong, Chungcheongnam-dong-dong-dong-dong-dong-dong-dong, 15-5, to the industry near the water level of approximately 0.149% in alcohol level in the area of approximately 3.5km to the nearest industry of the water level of approximately 50km-gu, Ulsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.

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