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(영문) 부산지방법원 서부지원 2018.01.08 2017고단1570

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent) is engaged in driving service with Cmera.

On September 2, 2017, the Defendant, while under the influence of alcohol content of 0.088% during blood transfusions on September 2, 2017, driven the above Oralba, and led the life roads in front of the E cafeteria located in Busan Sabagu to KB bank in the direction of KB bank.

In such cases, a person engaged in the Otoba driving has a duty of care to take the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering gear, brakes and other devices.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, caused the part of the bridge of the victim F (the male, the age of 46) to go beyond the floor.

Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., in the part of the growth that requires medical treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures such as providing assistance to casualties.

2. On September 2, 2017, the Defendant violated the Road Traffic Act (drinking) around 02:15, and around 10:00, the Defendant driven Cmera in the problem of 0.088% alcohol concentration in blood at a section of about 10 meters from the front of the E restaurant located in D from the Gamba-gu, Busan, Spodong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and loss), Article 268 of the Criminal Act (the choice of imprisonment), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.