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(영문) 전주지방법원 2019.01.08 2018고단1937

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

The Defendant is a person engaged in driving a rocketing car.

1. Around 05:22 August 1, 2018, the Defendant driven the said vehicle under the influence of alcohol by 0.181% from the 3km section, from the roads near D History or an influence restaurant located in the Yansan-gu Seoul Metropolitan City to the roads near the Fhigh School located in the same Gu E, to the roads near the same Gu E.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) were committed by the Defendant on the two-lane roads near the 167-lane Don-ro, Seogsan-gu, Seog-gu, Seoul Special Metropolitan City, Seogwon-si, pursuant to Paragraph 1, along the two-lane roads near the 167-lane Don-do.

At the same time, there are two-lanes of the two-lanes in which the passage of the vehicle is frequent, so in such cases, there was a duty of care to safely change the vehicle line so that the person engaged in the business of driving the motor vehicle is obliged to change the direction, etc. before changing the vehicle line, and that it does not interfere with the course of other vehicles by checking well the right and the right and the right.

Nevertheless, as described in Paragraph 1, the Defendant was driven by the victim G(the age of 67) who was under the influence of 0.181% of blood alcohol content while under the influence of alcohol, due to negligence of neglecting the duty of f.181%, and was driven by the victim G(the age of 67).

As a result, the Defendant: (a) destroyed the victim’s vehicle to repair expenses equivalent to KRW 3,127,650, such as the exchange of front panions; and (b) did not immediately stop the victim, and runs away without taking necessary measures, such as providing rescue to the victim, even though the victim suffered injuries such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident;