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(영문) 창원지방법원 2020.01.10 2019고단3238

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

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 engaged in driving motor vehicles B i30.

On October 5, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.089% around 07:35, while driving the said car and driving the same in front of the D cafeteria in Kimhae-si C along one lane from the Stopy Stopy Stones of Stopian to E University bank, while driving the same in two lanes.

At the time, the passenger car was driven by the victim FF(39 years of age) at the front of the passenger car, and in such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by safely driving the vehicle, such as taking the front side and the left side, accurately operating the steering gear and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane as it was, and due to the negligence of changing the lane, received the victim's vehicle behind the left-hand side of the Defendant's car, which was proceeding in the front-hand side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant destroyed the victim’s car to the extent of KRW 906,235, such as the exchange of back pans, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a vehicle described in paragraph (1) of a volume of about 3 km from the front day of the H apartment in Kimhae-si to the parking lot of the I building in the same city, while under the influence of alcohol 0.089% of the blood alcohol concentration as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Notification of the control of drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Criminal facts;