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(영문) 전주지방법원 군산지원 2018.01.24 2017고단1564

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for a term of one year and two 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

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Aggravated Punishment, etc.") and violates the Road Traffic Act (hereinafter referred to as the "Aggravated Punishment, etc. of Specific Crimes").

On November 3, 2017, the Defendant driven the said car under the influence of alcohol content of 0.251% in blood around 17:15, and proceeded with the road of one-lane in front of the E cafeteria located in D in Seoul Special Metropolitan City of North Korea, North Korea.

At the time, the victim F (V, 64 years old) was on the front of the defendant's driving direction, and in such a case, there was a duty of care to prevent accidents by driving the wheel and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so while under the influence of alcohol and received the rear wheels part of the bicycle driven by the victim as the front part of the said car.

As a result, the Defendant, by negligence in the above business, sustained injury to sugars, etc. without any wound in the two cases where three weeks of medical treatment is open, and at the same time, destroyed the bicycle owned by the victim to the extent of destroying it, and escaped without taking necessary measures, such as stopping and aiding the damaged person.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol with approximately 0.251% alcohol concentration from the public parking lot located in the Haak-si, Haak-si, North Korea, North Korea, North Korea at the time prior to the day specified in paragraph (1) to the Defendant’s house parking lot located in G at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. Investigation report (related to the statement of a wooden person);

1. The investigation report (the cambling cambling video CD.).