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(영문) 울산지방법원 2019.07.05 2019고단801
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a siren B.

1. Around 21:50 on December 29, 2018, the Defendant was driving a maid vehicle under the influence of alcohol with a blood alcohol concentration of 0.138% from the D cafeteria parking lot located in Ulsanbuk-gu, Ulsan-gu to the underground parking lot of the same e apartment Fdong to approximately 500 meters.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Danger) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) were applied to the Defendant by driving the said van while making it difficult to drive the said van normally due to the said temporary warning as above, leading from G elementary school to the E apartment.

Since the center line of yellow solid lines is installed at the center of the road, in such a case, a person engaged in driving of a motor vehicle has a duty of care to properly operate the front left left well, to accurately operate the steering wheel and brakes, to the right side of the road in order to maintain the lanes, and to prevent accidents from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to commit so and proceeded with the center line by the negligence, was driven by the victim H(31) who was in the atmosphere of the signal at one lane opposite to the other, and was driven by the victim H(31). The left back part of the I Lasta car was also considered to be the front part of the said sirenn car.

At the same time, the Defendant, who was on board the above victim and the victimJ (or 64 years of age) who was on board the steering force of the victimized vehicle due to such occupational negligence, suffered from each injury such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, immediately stops the damaged vehicle so that the amount equivalent to KRW 2,168,252 of the repair cost would be damaged and the victims would be rescued.

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