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(영문) 제주지방법원 2016.11.16 2016고단1684

특정범죄가중처벌등에관한법률위반(도주차량)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 (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of Bsch Rexton automobiles.

On May 2, 2016, at around 14:25, the Defendant driven the said car while under the influence of alcohol of 0.243% of alcohol concentration, and led the Defendant to drive the said car along the three-lane road in front of the Jeju City along the direction of the monthly calculated water level from the unwaterside of the river.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to see the front side and to operate the steering and steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded with the back part of the E-wing and cargo vehicle driven by the victim D (the age of 50) who was in the same direction and was in the same direction two-lanes by negligence in the course of the business, which was driven by the Defendant.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim, such as light dump, etc. in need of treatment for about two weeks, and at the same time, escaped without immediately stopping the said dump in spite of damage to KRW 548,414 to repair the said dump, and without taking necessary measures to rescue the victim or prevent danger on the road.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the car with the blood alcohol concentration of about 0.243% under the influence of alcohol in the section of about 40 km from the temporary border to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, investigation reports, relevant photographs, 12 reported case handling records, D's statements, actual condition survey records, and field photographs;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Statement of D police statement;

1. Medical certificates;