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(영문) 수원지방법원 2019.08.23 2019고단1870
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

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) was a person who is engaged in driving a freight vehicle B Rabora, and was driving the said freight vehicle with a blood alcohol concentration of 0.161% under the influence of alcohol around 22:47 on October 3, 2018, and proceeded with the natural learning park distance, which is located in the king-si, king-si, under the influence of alcohol level of 0.161%.

At night, the location is the intersection where signal lights are installed, and at the front time, the victim C(58 years old) driver's Dpoter Ⅱ stops in the signal signal line, and thus, the driver of the motor vehicle has a duty of care to accurately operate the brake system and operate it safely.

Nevertheless, under the influence of alcohol, the Defendant had been negligent in driving so as to cause injury to the victim, such as salt, tensions, etc. in a trend that requires treatment for about two weeks in front of the cargo vehicle of the Defendant, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. On October 3, 2018, at around 22:40, the Defendant driving a Rab-kin truck as described in paragraph (1) with a blood alcohol concentration of about 2km from around 2km to the shooting distance of the nature learning park located in the same city of Si/Gu in the same day from the Defendant’s residence located in Guang-si E around 22:47 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and evidence photograph;

1. Report on the circumstantial statement of a drinking driver, output, notification of the results of the control of drinking driving, blood alcohol appraisal report, and investigation report (Calculation of the blood alcohol concentration using the Ba mark);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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