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(영문) 울산지방법원 2017.02.17 2016고단4192
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 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 4, 2016, the Defendant driven the said car under the influence of alcohol content of 0.162% in blood around 01:40, while driving the said car, and proceeding three-lanes among the six-lane roads of the Nam-gu Elderly Welfare Center in Ulsan-gu, Southern-gu, Seoul-gu, Seoul-do, the flow of the car at a private distance from the long distance room of the night to the unfluened speed.

At the time of the defendant's front time, the victim C driver's d bargaining car stops in the signal atmosphere, so in such a case, the defendant engaged in the driving of the motor vehicle had a duty of care to see the front door and accurately operate the brake system.

Nevertheless, due to the negligence that the Defendant neglected to do so, he received the back portion of the said rocketing passenger car as the front part of the said rocketing passenger car.

The Defendant, due to such occupational negligence, suffered injury to the victim, such as the impairment of the reputation of head and other parts requiring treatment for about six weeks, and at the same time, destroyed the above-learning passenger car to be in excess of KRW 2,755,883, such as the exchange of a spread, and went away from the scene without immediately stopping and taking measures such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident (C);

1. A report on the occurrence of a traffic accident or a report on the main driving;

1. Application of written estimates and written diagnosis to statutes;

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, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 148-2 and 44(1) (a) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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