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(영문) 전주지방법원정읍지원 2020.11.12 2020고단518

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on September 16, 2020, the Defendant driven a D low-speed car with a blood alcohol concentration of about 0.136% while under the influence of alcohol from the section of approximately 1km to the C parking lot from the Gowon-gun, Gowon-gun to the C parking lot.

2. On September 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) driven a motor vehicle with D typoids around D on September 22, 2020, and led to the driving of the motor vehicle at the speed of 30 degrees in the direction of the Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun.

At the time, housing was a night and was a road, so in such cases, there is a duty of care to prevent accidents by safely driving and making it possible for a person engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle on the right side of the road at the front side of the Defendant’s vehicle due to negligence while neglecting the above duty of care, obtained the victim’s 21 years old left side part by the Defendant’s car, and got the victim to take necessary measures, such as aiding and abetting the victim by stopping immediately for about two weeks of treatment, and escape without taking necessary measures, such as aiding and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Notification of the result of the drinking driving control;

1. A traffic accident report;

1. On-site photographs;

1. CCTV records and video CDs;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;