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(영문) 춘천지방법원 강릉지원 2018.06.01 2018고단317
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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Aggravated Punishment, etc. of Specific Crimes"), and a person who violates the Road Traffic Act (after an accident) is engaged in driving of B bargaining automobiles.

On October 10, 2018, the Defendant, while driving in front of D in Chuncheon City, 01:03, was driving in front of D having been driving in the direction of a shooting distance of 0.133% of alcohol while he was under the influence of alcohol in the direction of a 0.133% of the blood while he was driving in the direction of the vehicle, and was under the influence of the vehicle in the direction of the vehicle in front of the victim E (44 years old) driving, who was driving in the direction of the direction of the driving car in the direction of the car in the direction of the Defendant’s driving car.

Ultimately, the Defendant caused the injury to E, who is a driver of the victimized vehicle due to the foregoing occupational negligence, such as clocks, tensions, etc., in need of approximately two weeks of medical treatment, suffered from the injury of the damaged vehicle, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment to G (51) who is the passenger of the victimized vehicle, and escaped without necessary measures, such as aiding the damaged vehicle, while having the damaged vehicle take part in repair costs equivalent to KRW 669,513.

2. The Defendant, in violation of the Road Traffic Act, driven a B-learning car under the influence of alcohol 0.13% in the date, place, and blood alcohol level at 0.13%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a survey report on the scene of a traffic accident, and an on-site photograph;

1. Statement report on the situation of the driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), investigation report (interpellation of the results of crackdown on the driving of drinking), inquiry into the results of confirmation of the crackdown on driving

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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