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(영문) 울산지방법원 2016.09.20 2016고단2401
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

1. On May 19, 2016, the Defendant was under the influence of alcohol concentration of 0.176% in the section of 14 km from the 14km in the middle-gu, Ulsan-gu, Ulsan-gu, Ulsan-do to the intersection of 29,00,00, the Defendant driven a B Belgium car at around 125,00,00,000, under the influence of alcohol concentration of 0.176% in the direction of the 14km from the south-gu, Ulsan-gu, Ulsan-gu, Ulsan-do to the intersection of 29,00,000.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the measures not taken after the accident) driven the said car at the time of the above day along the two-lanes of the five-lane road front the D Hospital located in Ulsan-gu C by driving the said car at the time of the above day along the two-lanes of the two-lane road from the cross-city bus terminal room.

At the same time, the intersection where signal lights are installed in the front of the vehicle operation of Defendant E (66) in accordance with the vehicle stop signals at the front line of the vehicle operation of Defendant, so in such a case, the driver of the vehicle has a duty of care to prevent traffic accidents by putting the front line and operating the steering direction and brake system of the vehicle properly.

Nevertheless, while under the influence of alcohol, the Defendant did not discover the above taxi standing in the front section of the said vehicle due to negligence in the course of duty, and did not immediately stop the said taxi to the extent that the Defendant, following the above taxi, suffered injury to the victim, such as salt pans, tensions, etc. of the shoulder pipe, which requires treatment for about three weeks, and at the same time, destroyed the said taxi to the extent that the amount of KRW 4,270,000,000 is not able to repair it, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement;

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

1. Each photograph;

1. A report on detection of the driver of a vehicle driving, a report on the circumstances of the driver of the vehicle driving, and a ledger using the measuring instruments for drinking;

1. The driver's license ledger, and ..

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