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(영문) 창원지방법원 2018.06.08 2018고단1008

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving of a motor vehicle B, sod XD.

On March 26, 2018, the Defendant driven the said car with a alcohol content of 0.094% 0.094% during blood transfusions, and led to the right-way bypassing from the beer and the second apartment bank of Korea to the area of the apartment bank of Korea.

At the time, since it is an intersection where the signal is installed at night and at that time, a person engaged in driving of a motor vehicle has a duty of care to observe the signal, and to prevent the accident by making a safe right-hand by stopping at a time prior to the right-hand, so as not to obstruct the passage of other vehicles after considering the traffic situation.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle, and the victim C ( South, 52 years old) who was directly moving from the left-hand side of the running direction of the said vehicle due to the negligence of neglecting it, and was in front of the left-hand side of the said car, which was driven by the victim C ( South, 52 years old).

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, tensions, and tensions in need of a medical treatment for about three weeks, and the victim E (the 41) of the passenger E (the son) suffered from the injury of salt and tensions in need of a medical treatment for about two weeks, and at the same time, went away without taking necessary measures for the occurrence of traffic accidents, such as providing relief to the victim E (the 41) by immediately stopping the car to KRW 1,931,048.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions, a statement on the circumstances of the driver at the main place, and a report on internal investigation;

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Each of the relevant Articles of the Act concerning the facts of crime;