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(영문) 울산지방법원 2019.06.05 2019고단490
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving a B rocketing car;

On November 24, 2018, the Defendant driven the above car at around 00:05, and driven the front of the D road located in Ulsan-gu C from the south-gu, Ulsan-do toward the rooftop distance.

In case of changing the vehicle line to a person engaged in driving service, there was a duty of care to inform the change of the vehicle line by direction, etc., and to prevent accidents by properly examining whether there is a vehicle driving in the direction direction.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the duty of driving on the left side of the car driven by the victim E (the age of 26) who was going on the right side of the Defendant, while neglecting the duty of driving on the left side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant escaped without destroying the said car to cover KRW 745,978 at repair cost and without taking necessary measures.

2. On the date and time set forth in Paragraph 1, the Defendant was driving a B rocketing car with the blood alcohol concentration of about 0.088% from the 6km section from the J high school located in Ulsan-gu G to the front road of J high school located in I.K.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Bluckings of damaged vehicles (accidents and shocks), blacks of damaged vehicles, video storage media of damaged vehicles (clockings);

1. Notification of the results of the drinking driving control, report on the results of the drinking driving control, and report on the circumstantial statement of drinking drivers;

1. A medical certificate;

1. Written estimates and damaged vehicles;

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