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(영문) 청주지방법원 2019.05.01 2018고단3111

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving EXE cars.

On July 5, 2018, the Defendant driven the said car at a speed of about 80 km from the offline of the door to the front of the “D” restaurant in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu. The Defendant tried to drive the said car at a speed of about 0 km from the offline of the door to the opening of the door.

In this case, the driver of the motor vehicle has a duty of care to take the front side and left side well and properly manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the steering and steering system, and the Victim F (year 46) who was on the right right side of the course and the Victim’s bicycle who was next to it was driven by the Defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence during about 16 weeks of the unknown part of the frame that requires treatment, such as the closure of the body part in which treatment is necessary, and at the same time, destroyed the above bicycle so that it can go back without any necessary measures, such as immediately stopping the bicycle to rescue the victim, etc.

2. Violation of the Road Traffic Act (LA) provided that the Defendant driven the above X-ray vehicle under the influence of alcohol 0.139% in the section of about 1.3km of alcohol level at the 1.3km of the Defendant’s house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and F;

1. The actual condition survey report, each on-site photograph, the main driver's license report, the report on the actual condition of the driver, each diagnosis report, each CCTV screen run, each photograph, the assessment report on traffic accident analysis, the legal chemical appraisal report, and the traffic accident analysis report;