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(영문) 울산지방법원 2016.02.15 2015고단3254
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The Defendant is a person engaging in driving a NF rocketing car.

On November 14, 2015, the Defendant driven the said car under the influence of alcohol content of 0.145% in blood around 02:10, while driving the said car, and led to the flow of the new bridge on the national highway No. 31 located in the 31 North-gu, Ulsan-gu, U.S., U.S., into the dynasium of the mountain-do.

At the time, since it is an exclusive motor vehicle that has a night and has a center of separation, there was a duty of care to prevent accidents in advance by driving safely according to the road on the right side of the center.

Nevertheless, under the above circumstances, Defendant C(22) was driven by the victim C(22) who was driving the said road along the lane due to the negligence of driving along the station part of the left side of the center center by neglecting it under the influence of alcohol, and caused the said car to be driven by the center separation unit of the left side while avoiding the said rocketing car.

As a result, the Defendant caused the victim to suffer a diversity test that requires approximately two weeks of medical treatment by occupational negligence, and at the same time, the Defendant did not immediately stop the vehicle to the extent that the repair cost of KRW 8,670,154 is damaged to the extent that the divers, etc. of the said divers were damaged and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports and photographs on occurrence of a traffic accident;

1. A report on detection of a driver of a driving school, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of a driving school;

1. A copy of a written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (examination of black images);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury of business negligence), Articles 148 and 54(1) of the Road Traffic Act (the accident is after the accident).

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