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(영문) 청주지방법원 2019.01.10 2018고단2026

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles BM3;

On September 5, 2018, at around 22:40, the Defendant moved one way prior to the D store located in the petition-gu C, Cheongju-si, to the E-style apartment bank from the fri-dong Agricultural Disaster Prevention Zone.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents due to driving of the motor vehicle, driving the motor vehicle, observing the motor vehicle line, and driving the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop in the front city of the front city in the E apartment zone and tried to stop immediately while destroying the 210,198 won of the repair cost to the victim I (24 years of age) who was driving by the victim G (24 years of age) with the front part of the left part of the vehicle of the H-to-purd passenger vehicle driven by the victim G G (24 years of age). At the same time, the victim I (24 years of age) who was the passenger of the said G and A-to-purd passenger vehicle received a light diversity for about two weeks of medical treatment, and the above A-to-pur vehicle was driven without immediately stopping the vehicle.

2. Violation of the Road Traffic Act (MM3) driving a vehicle in the state of alcohol alcohol concentration of approximately 0.164% at the section of about 2 km from the Do near the Do near the Do in the petition-gu, Cheongju-si to the roads located in the Cheongju-si J at the time and time as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written statement of I;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act concerning the crime in question.