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(영문) 제주지방법원 2018.09.17 2018고단808

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on August 23, 2006, and a summary order of KRW 4 million for the same crime at the same court on April 18, 2013.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) are the drivers of BAW XD cars.

On March 31, 2018, the Defendant operated the said Ampt XD car, and proceeded on the road upper in front of the Drown-gu public parking lot in Jeju at Jeju to Ecompon, from the shooting distance room of the new parking lot in the new Jeju-si, the Defendant received from the victim F (57 years old), who was directly in line with one other of the two-lanes of the ecomponed f (e.g., the upper part of the Gstststal taxi in the victim F (e.g., the e., the upper part of the ecomponed XD car) to the upper part of the right side of the ecompon XD car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained an injury to the injured party in light of the climatic trend, the left-hand climatic salt, and at the same time escaped without taking necessary measures, such as immediately stopping the damaged vehicle and providing relief to the injured party, while destroying the damaged vehicle.

2. On April 1, 2018, the Defendant violated the Road Traffic Act (drinking) driving a vehicle of approximately 9.5 km XD with approximately 9.5 km from the first road located in Jeju-si, Jeju-do, with a alcohol content of 0.074% in alcohol during blood on April 1, 2018 to the front parking lot of the 215 Jeju-gu Police Station.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition of driving in the state of liquor twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting on the occurrence of a traffic accident;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation (related to the details of diagnosis of a victim);

1. Criminal experience;