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(영문) 전주지방법원 2019.06.14 2018고단2684

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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. 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 motor vehicles at B.

On November 5, 2018, the Defendant driven the said car under the influence of alcohol level of 0.143% on blood alcohol level at a 0.10% on November 5, 2018, and led the two-lane crossings of the two-lanes located in the Dobong-gu, Seoul Special Self-Governing Province, Chungcheongnam-do, Seoul Special Self-Governing Province, to proceed at an insular speed depending on the mountain room located in the front bank.

At this time, there was a duty of care to live well on the right and the right and the right of the driver of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and got off the part of the victim C(W, 27 years old) driving DK5 car, which was driven at the front of the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, sustained the victim E (the 18-year-old passenger) who is a passenger with the above K5 vehicle from the base base for a approximately two-day medical treatment, and suffered from the base base of the drilling in need of approximately two-day medical treatment. At the same time, the Defendant destroyed the above K5 vehicle and escaped without taking measures, such as destroying the 639,252 won due to the cost of repair for the driver, etc., and immediately stopping the said vehicle and providing relief to the victims.

2. The Defendant violated the Road Traffic Act (driving) operated the said B B B-V car within a certain distance of about 6km from the front of the F-do at Jeonju-si to the road located in the salary 2-lane 3, Jeonju-gun-gun, Jeollabuk-do, Seoul Special Self-Governing Province, under the influence of alcohol by 0.143% of the blood alcohol level at the time and time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. The actual condition survey report on traffic accidents, and field photographs of traffic accidents;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Written estimate;

1.Each.