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(영문) 춘천지방법원 원주지원 2015.11.04 2015고단505

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

1. Around 00:35 on May 3, 2015, the Defendant driven a vehicle E in the state of alcohol with a blood alcohol concentration of about 0.110% from a section of about 1km from the front of the original phase of driving to the front road of the Dental Institute located in the same city, from the front of the Dental Institute located in the same city.

2. The defendant is a person who is engaged in driving freight cars even in the case of the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 3, 2015, at around 00:35, the Defendant driven the above cargo while under the influence of alcohol of 0.110% with a blood alcohol concentration of 0.10%, and led the front road of the Dental Institute located in C in the original city to the wall, mountain apartment room in the front city of the original city.

At the time, the victim F (50 years of age) and G (20 years of age) walk in the front direction of the above cargo vehicle as the apartment complex is densely concentrated, and therefore, there was a duty of care to look at the front and left right and right of the driver of the vehicle and to confirm the safety of the course of the vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding under the influence of alcohol and received the victim’s bridge part in front of the foregoing cargo vehicle.

Ultimately, even though the Defendant: (a) neglected the above occupational negligence in order to provide a victim F with approximately three weeks’ medical treatment; (b) suffered injury to the victim G, such as catum salt, etc. requiring a two-day medical treatment; (c) however, the Defendant immediately stopped and escaped from the scene without taking measures, such as providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Notification of the results of drinking driving control, traffic accident report (1) (2);

1. A medical certificate (F, G);

1. Reports on internal investigation and reports on investigation;

1. Three copies of on-site photographs and photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and