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(영문) 대전지방법원 논산지원 2019.10.22 2019고단335

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is a person who is engaged in driving a passenger car even in B.

1. On June 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (hereinafter referred to as the “Act”), while under the influence of alcohol level of 0.210% in blood alcohol level around 15:50 on June 1, 2019, the Defendant driving the said car and driving it on the road of one-lane Crdon in the direction of the area of the area of the mountain and

A person engaged in driving service shall not drive under the influence of alcohol, and he/she shall accurately operate the steering system, steering system, and other devices of his/her motor vehicle, and has the duty of due care, such as driving according to the structure and performance of his/her motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the victim F (ma, 56 years old) driver's boarding box in the front of the proceeding direction from the front of the vehicle prior to the driving of the victim F (ma, South and 56 years old) from the front part of the vehicle, and had the victim go beyond the road floor.

Ultimately, the Defendant suffered injury to the victim, such as a cage cage cage, which requires approximately five weeks of medical treatment, at the same time, and did not take necessary measures such as the rescue of the injured and the police report while destroying the cage cage cages equivalent to KRW 2,616,00, and escaped by driving the cage cage, as it is, without taking necessary measures such as the repair cost.

2. On the date and time set forth in paragraph 1 of this Article, the Defendant driving a car in the above co-section of 3 km from the Do located in the G in the mountain of the mountain of the Republic of Korea to the first road located in the G in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the Republic of Korea

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Notification of the results of drinking control;

1. A written diagnosis and written estimate;

1. Investigation reports (Application of the Madmark);

1. Application of Acts and subordinate statutes on accident site photographs;

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.