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(영문) 수원지방법원 성남지원 2019.10.23 2019고단1456

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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 (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a B car;

On May 8, 2019, the Defendant driven the said car without a driver’s license, while under the influence of alcohol concentration of 0.220% between the Hanam-si C, Seoul Dwork site and E, the Defendant driven the said car into the E-mail from the F School.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was driving at an adjacent part of the center line by negligence, was shocked with the front part of the H-wing and the front part of the truck drivened by the victim G(the age of 31).

As a result, the Defendant suffered injury to the victim, such as the definite base for treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant left the damaged vehicle without immediately stopping the damaged vehicle, even though it damages KRW 994,92 for the repair cost, without taking measures, such as providing rescue to the victim.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time set forth in the preceding paragraph, the Defendant driven a chere car with a blood alcohol concentration of about 0.220% without a driver’s license within a range of about 8 km from I to the place of the accident set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each report on investigation;

1. Traffic accident report, report on the occurrence of a traffic accident, site photograph of the accident, notification on the results of the regulation of drinking driving, report on the state of drinking driving, report on the state of drinking drivers, ledger of use of drinking measuring instruments, medical certificate,

1. The register of driver's licenses for each motor vehicle, and each red inquiry;