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(영문) 춘천지방법원 속초지원 2019.06.26 2018고정121

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 01:40 on May 27, 2018, the Defendant driven a F Track vehicle under the influence of alcohol concentration of approximately 0.088% from the 5km section from the roads near Kimpo-si B to the roads front of the E store located in Kimpo-si D, Kimpo-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a FTrack car.

At around 01:40 on May 27, 2018, the Defendant driven the foregoing vehicle while under the influence of alcohol as described in the foregoing paragraph 1, and driven the four-lane road in front of the G in the direction of Kimpo-si toward the direction of G in the direction of G in the direction of Kimpo-si.

Since there are other vehicles in operation at the same time, the driver has a duty of care to prevent accidents by accurately manipulating the steering gear in front, rear, and left and right of the driver of the vehicle.

Nevertheless, as seen above, the Defendant was negligent in proceeding without looking at the front line while under the influence of alcohol, and the part of the left side of the I rocketing taxi vehicle driven by the victim H (the age of 56) prior to the same direction two lanes, received from the Defendant, before the right side of the said vehicle, and suffered injury to the victim, such as cryp salt, etc. in need of approximately two weeks of medical treatment, and destroyed the damaged vehicle to bring about KRW 1,073,820 of the cost of repairing the damaged vehicle, but escaped without immediately stopping and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A survey report on actual condition, a report on occurrence of an accident, a report on the circumstantial statement of a drinking driver, notification of the results of the regulation of drinking driving, estimate, and investigation report (victim's telephone statement);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Act on criminal facts (Law No. 15530, Mar. 27, 2018)