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(영문) 울산지방법원 2019.07.11 2019고단601
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a NAS car.

At around 18:30 on July 28, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of at least 0.069%, and was driving the said car and driving it on the two-lane road in Ulsan-gun, Ulsan-gun, Ulsan-do, and driving it along two-lanes from the upper north to the opposite north.

At that time, since the victim C(n, 43 years old) was driving a car in the same direction as the car in the same direction, there was a duty of care to check the front side and the right and the right and the right of the driver of the vehicle, to check the safety in the course of the vehicle, and to prevent the accident from changing the lane in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing the lane as it was, and the Defendant was negligent in driving the vehicle in front of the right part of the vehicle at the horse.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc. of the bones of a neck, which requires treatment for about two weeks, committed an injury on the victim E (the 36-year age), who is a passenger of the said horse set, for about ten days, such as salt, tensions, etc. in need of medical treatment, and suffered injury on the victim F (the 34 age), who is the same passenger, for about two weeks of medical treatment, such as dump, dump, tensions, etc. in need of medical treatment, and escaped without taking necessary measures, such as providing relief to the victim, even if the repair cost for the said horse set 587,123 won, such as the repair cost for the front driver, etc., was damaged to the above horse set, and immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Each statement of E and F;

1. A survey report on the actual condition, and a report on the actual status of the driver;

1. Application of each written diagnosis, written estimate, or photographic Acts and subordinate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.

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