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(영문) 창원지방법원 2019.09.20 2019고단1858

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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 engaged in driving a motor vehicle from BAWn-turd

On June 1, 2019, at around 07:40, the Defendant driven the said car under the influence of alcohol concentration of 0.107% on the front of D in Busan, Jin-gu C, Busan, and driven the said car along the four-lanes between the five-lanes, namely, the 0.10% of the blood alcohol concentration on the 0.107%.

A person engaged in driving service shall not drive under the influence of alcohol, and he/she shall be given a duty of care to prevent accidents in advance by safely changing his/her course through a safe change of course by giving prior notice of change of course due to direction, etc. at the time of change of course.

Nevertheless, the Defendant, while driving a motor vehicle under the influence of alcohol, has been negligent in driving in the course of three-lanes without neglecting it, and went away without immediately stopping and taking necessary measures, by taking the front part of the right side of the victim EMF5 vehicle in front of the left side of the above Aburged vehicle, and suffered injury, such as salt, tensions, etc. of a trend requiring approximately three-day medical treatment, and at the same time, damaged the above SM5 vehicle to be in excess of KRW 1,620,691.

2. A violation of the Road Traffic Act (LA) was driven by the Defendant, while under the influence of alcohol of 0.107% of alcohol concentration in blood at a time under paragraph (1) of this Article, through the above accident point near Busan-dong, Busan-dong and via the above accident point, the Defendant was driving the above B A-hurd-purd vehicle at approximately 2 km in the front of the Gu G via the above accident point.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, 112 report processing table, two photographs of the vehicle involved in the accident, photographs of the accident points, on-site photographs, and photographs of the distance from escape;

1.Notification of the results of the drinking driving control, the report on the circumstances of drinking drivers, and