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(영문) 제주지방법원 2020.04.10 2019고단2741

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 9, 2019, the Defendant was issued a summary order of KRW 5 million by the Jeju District Court for a crime of violating the Road Traffic Act (LA).

【Criminal Facts】

1. On September 22, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving a 2.5 km section from the front of the Seopo-si B apartment at Seopopo-si to the front of the Seopopopo-si Dalot-si at Seopo-si at Seopo-si, through a road in front of Seopo-si at Seopo-si, under the influence of alcohol 0.165% without obtaining a driver’s license, and violated Article 44(1) of the Road Traffic Act at least twice.

2. On September 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) driven a motor vehicle in the influence of alcohol on September 22, 2019 by driving a motor vehicle in the Espath under the influence of alcohol and driving the road in front of the Sispath of Seopo City on the road in front of the Sispath of Seopo City.

At the time, it was night, and there was a one-lane road bended towards the left side. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and accurately manipulate the steering direction and brakes so that the accident could be prevented in advance.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care and walking along the part of the Victim F (year 54) who was walking on the right side of the road due to occupational negligence, was driven by the front part of the said car by the Defendant’s driving, and was inflicted an injury on the right side kne’s kne, etc. requiring treatment for about two weeks, but failed to immediately stop and take measures such as aiding the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the F in the police preparation 1.