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(영문) 전주지방법원 정읍지원 2018.01.25 2018고단4

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for a term of one year and four 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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person engaging in driving a motor vehicle with a low bid.

On November 25, 2017, the Defendant driven the above car on the 18:35th day of November, 2017, and turned to the starboard-gun of North Chang-gun one lane on the front side of the road in front of the west-gun E at the right right speed from the front side of the road.

At that time, since the victim G (e.g., 53 years old) was walking on the right side of the road that the defendant is driving, the defendant engaged in driving service had a duty of care to avoid accidents by accurately manipulating the operation system and steering gear of the vehicle and to prevent the accident.

Nevertheless, while neglecting this, the Defendant left the vehicle under the influence of alcohol content 0.119% by negligence while driving the vehicle under the influence of alcohol, and went beyond the ground by taking the above victim a front part of the right side of the said vehicle, and even though the above victim suffered an injury, such as the left-hand flads, which requires approximately seven weeks medical treatment, the Defendant immediately stopped and escaped without taking measures such as aiding the damaged person.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle under the said paragraph (1) while under the influence of alcohol content of about 0.119% from the 3km section from the day before the restaurant to the day before H road every day located in the junch of the Gocho-gun, Gowon-gun, North from the day indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to I, J and G;

1. A medical certificate;

1. Whether the situation report on the driver's oral statement and the details of use of the measuring instrument for drinking are printed out;

1. Application of the statutes on traffic accident analysis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, etc.;

1. Aggravation concurrent crimes;