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(영문) 부산지방법원 2020.08.19 2020고단2254

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a small-type taxi B.

On March 10, 2020, the Defendant driven the above taxi under the influence of alcohol of 0.095% with a blood alcohol concentration of 0.095% on March 17, 2020, and led to two-lanes of the two-lane road near the "D" restaurant located in Busan-gu Busan Metropolitan City, along with two-lanes on the side of the Busan Metropolitan Government Library.

At that time, since the road is bended to the right, a person engaged in the driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol. The driver has a duty of care to properly manipulate the steering system, brakes, and other devices of the motor vehicle by accurately manipulating the steering system, brakes, and other devices while keeping the traffic situation well, thereby preventing the occurrence of accidents.

Nevertheless, under the influence of alcohol, the Defendant did not neglect the front line and did not keep the front line properly, and due to the negligence of the Defendant, the part on the back part of the victim E (n.e., the 71-year-old driver) driving on the right-hand part of the car of the Defendant driving, which was in the right-hand part of the passenger vehicle of the victim E (n.e., the 71-year-old driver) who was in the right-hand part of the passenger vehicle.

As a result, the Defendant driven the above taxi while under the influence of 0.095% alcohol concentration at the same time and sustained injury to the victim by negligence in the course of performing such duties as above, such as salt, tension, etc. in the 2-day medical treatment, and at the same time, did not immediately stop the car of the victim to the extent that it damages the amount equivalent to KRW 2,327,105 for repairing expenses and does not take necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report, notification of the results of the influence of alcohol driving control, report on internal investigation (in relation to the application of the Ba mark formula, a copy of the image of the vehicle in trouble and a photographic attachment), and report on internal investigation (in relation to the application of the Ba mark formula);

1. A medical certificate;

1. Written estimate;

1. Photographs of the damaged vehicle;