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(영문) 부산지방법원 동부지원 2020.05.26 2020고단289
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on November 26, 2019, the Defendant driven a F Ssp motor vehicle under the influence of alcohol content of about 0.186% at the section of about 7km from the Do in front of the C, located in the Busan Coast Zone B, to E, located in the Busan Suwon-gu. In addition, the Defendant driven a Fsp vehicle under the influence of alcohol content of about 0.186%.

2. On November 26, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (unclaimed Measures after Accidents) driving a FSP car under the influence of alcohol level of 0.186% on November 26, 2019, and driving the FSP car in the influence of alcohol level of 01:43, and driving the road in front of the Hemban-dong fire station in Busan, Young-gu, Busan, toward the direction of the horizontal intersection at

At the time, there is a night and a place where the yellow-ray center line is installed, so a person engaged in driving service has a duty of care to thoroughly treat the front line in the front line and to safely operate the center line on the right side. However, while under the influence of alcohol, the Defendant did not take measures such as injury to the victim G (V, South, 37 years old) who is driving in the opposite lane beyond the center line, following the driver's seat of the vehicle in the opposite lane of the victim G (V), who was driving in the opposite lane in the opposite lane in the opposite lane in the course of driving beyond the center line, and caused damage to the victim G, who is the passenger of the damaged vehicle, for about two weeks in the front of the driver's seat of the Defendant, requiring approximately two-day medical treatment, and did not take measures such as injury to the victim I (V, 29 years old) who is the passenger of the damaged vehicle, such as escape and damage of the victim at the same time, thereby causing damage to the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual investigation report on each traffic accident;

1. Report on the circumstantial statements of a drinking driver and notification on the control of drinking driving;

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