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(영문) 창원지방법원 통영지원 2018.11.30 2018고단1229

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in the operation of a motor vehicle with sod vehicle B.

1. On September 2, 2018, the Defendant driven a friend vehicle under the influence of alcohol leveling 0.183% from the 3370 km, and from the 20:50 Scam on September 2, 2018, the Defendant driven the said friend vehicle, while under the influence of alcohol leveling 0.183% from the 4km section to the 0.183% alcohol level from the 4km road in front of the southwest of the Daewoo Shipbuilding Sea.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the spot) and violated the Road Traffic Act (or after an accident) by driving the said car at the time and on the day set forth in paragraph 1, led the said Dsanbu and the front of the road to the high-speed market from the breadth.

At this point, only two lanes prior to the entry into an intersection is permitted, and thus, a driver has a duty of care to observe the direction of the road and to safely drive the steering and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and to operate the steering and the system accurately and prevent the accident in advance

Nevertheless, under the foregoing, the defendant was under the influence of alcohol, and the defendant was under the influence of alcohol to turn to the right side of the motor vehicle of the victim E (the 27-year-old driver) who was under the right-hand turn from the two-lanes of the above intersections from the two-lanes of the road.

As a result, the Defendant suffered from an injury to the victim, such as satisf, which requires a two-day medical treatment, due to the foregoing occupational negligence. At the same time, the Defendant, while destroying the said car to bring about approximately KRW 466,158 for repair expenses, did not immediately stop the car, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a traffic accident report, a traffic accident-related photograph, a blood alcohol appraisal report;