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(영문) 부산지방법원 동부지원 2019.05.15 2019고단45

특정범죄가중처벌등에관한법률위반(도주치상)등

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

except that 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 of a car at Al Pa Pest.

On December 7, 2018, the Defendant driven the said car under the influence of alcohol level of 0.113% on blood alcohol level around 20:10 on December 7, 2018, and continued to proceed to the front intersection of the said apartment on the front of the Busan Metropolitan City apartment building C, Busan Metropolitan City apartment.

Since it is an intersection, there was a duty of care to safely drive a person engaged in driving service by reducing speed and thoroughly driving the front-round city.

Nevertheless, under the influence of alcohol, the Defendant was negligent and led to the front part of the E QM5 vehicle driven by the victim D (W, 48 years old) driving on the right side from the left side of the Defendant’s driver’s car, with the front part of the Defendant’s vehicle.

As a result, the Defendant: (a) by such occupational negligence, inflicted bodily injury on the victim F (the 14th) of the said QM5 car, such as dynasium and tensions that require approximately two weeks of treatment; (b) inflicted bodily injury on the victim F (the 14th) who was a passenger of the said QM5 car with no wound in the open two areas where treatment is required for approximately two weeks; (c) suffered bodily injury such as dynasium and tensions that require approximately two weeks of treatment to the same passenger G (the 14th age); and (d) at the same time, destroyed the said QM5 car to exchange for the fynaspos, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (each victim's diagnosis certificate is attached);

1. A written statement on the occurrence of each traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A traffic accident report (1) (2);

1. Written estimate for automobile inspection and maintenance;

1. Photographs photographs showing damaged parts of QM5 automobiles;

1. Application of investigation report (Calculation of blood alcohol concentration) Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;