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(영문) 제주지방법원 2018.09.07 2018고단328

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the violation of the Road Traffic Act (after an accident).

On November 20, 2017, around 01:45, the Defendant operated the said car in front of the E cafeteria in Jeju Island, and continued to proceed from the southwestwest to the Tyang-dong bank.

In this case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle while properly operating the steering side and the steering system.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol content 0.096% in blood, and was negligent in proceeding immediately, and was charged with the victim F(the age of 48) driving the victim F(the age of 48) who was directly located on the North South South South South South South South South South Korean territory from the Manyang-dong Gyeongyang-dong Do, and was charged with the front left-hand side of the Defendant’s vehicle.

The Defendant damaged the said low-speed car by occupational negligence to use it as repair costs of KRW 2,408,899, such as the exchange of the front-hand car, and attempted to escape without taking necessary measures, such as immediately stopping the vehicle without any necessary measures, such as providing rescue to the victim F and H (the age 58) who is a passenger of the said string car, respectively, for about two weeks of treatment.

2. On November 20, 2017, the Defendant violated the Road Traffic Act (drinking) driving a Cworkren car under the influence of alcohol leveling 0.096% from the 1km section to the entrance of the Jeju Folk Cultural Institute, from the Yran Do-dong, in the Jeju Do-dong at Jeju Do-si, to the cafeteria-do-dong, via the roads in front of the cafeteria specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. An accident scene photograph;

1. A copy of the statement report on the situation of a driver who takes the driving of the vehicle (A), relevant photographs, and the ledger using measuring instruments for drinking;

1. On-site;