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(영문) 제주지방법원 2020.10.08 2020고단1812

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a motor vehicle B with low bid in violation of the Aggravated Punishment, etc. of Specific Crimes Act;

On June 18, 2020, the Defendant driven the above vehicle on June 18, 2020, while driving at around 05:06, and driving the above vehicle with a blood alcohol concentration of 0.116%, the Defendant, at Jeju, proceeded the crosswalk C in front of the court from the side of the square of 8 square to the length of the court.

At the time, the passage of pedestrians is frequent on the crosswalk where the signal apparatus was installed, so there was a duty of care to safely drive a person engaging in driving a motor vehicle, such as checking the right and the right and the right of the way, temporarily stopping in front of the crosswalk, and checking whether there is a pedestrian by temporarily stopping in front of the crosswalk, according to the signal apparatus signals.

Nevertheless, the Defendant neglected this and went away without immediately stopping and taking necessary measures, even though the victim D (the 74th age), which was standing the crosswalk pursuant to the green signals of the crosswalk, was shocked to the front part of the above vehicle, and suffered an injury, such as the thring of the right sprink to the right sprink, which requires approximately nine weeks of medical treatment, to the victim.

2. Violation of the Road Traffic Act (driving) driving a vehicle B with the blood alcohol concentration of about 3.4 km from the road near the public parking lot in Jeju at the time and time specified in paragraph (1) to the road near the F apartment at the Jeju city, which is the Defendant’s residence.

Summary of Evidence

1. A written statement prepared by the defendant's legal statement G and a written statement prepared by the police officer in relation to H;

1. The report on the occurrence of a traffic accident, field photographs, 112 report processing table, the investigation report on the actual condition of a traffic accident, the investigation report on the status of a driver, the investigation report on the driver, the primary driver's report, the internal investigation report (related to hearing the statement of a reporter and a taxi engineer), the moving line of a vehicle under investigation report;