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(영문) 울산지방법원 2017.09.12 2017고단2118
특정범죄가중처벌등에관한법률위반(도주치상)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

Criminal facts

1. The Defendant is a person who is engaged in driving a motor vehicle of C character, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and in violation of the Road Traffic Act (or the injury).

On May 26, 2017, the Defendant driven the said car under the influence of alcohol level of 0.137% from blood alcohol level around 06:20 on May 26, 2017, and proceeded along the four-lanes from the intersection of the name of the region where the road was located in the middle-gu industry of Ulsan to the direction of the 654-lane.

At the same time, the victim D(39) driving car in the same direction as the Defendant was located on the three-lanes of the above road, and thus, the driver of the vehicle had a duty of care to avoid the accident by driving the vehicle on the front left right and right and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle by breaking the lane, and the part on the right side of the motor vehicle driving by the victim was shocked with the left side of the motor vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the repair cost of KRW 610,234 was destroyed to the extent that it did not take necessary measures, such as aiding and abetting the damaged party.

2. Violation of the Road Traffic Act (Drinking driving) driving a clock vehicle described in paragraph (1) in the state of alcohol alcohol concentration of about 0.137% at the 9.4km section from the 27-gil-gu, Ulsan-gu, Ulsan-gu, Seoul-ro, Seoul-do, to the front road of the Taecheon River as stated in paragraph (1) 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a field photograph, a statement on the circumstances of the driver at the main place, and a report on the detection of the driver at the main place;

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