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(영문) 수원지방법원 성남지원 2019.01.17 2018고단2643
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaged in driving a motor vehicle B-to-purd;

On October 24, 2018, the Defendant driven the said car under the influence of alcohol of 0.119% in blood alcohol concentration around 01:30 on October 24, 2018, and entered the road of four-lanes in the direction of normal intersection road in Sungnam-gu, Seoul, Seoul, with a speed not to be known along four-lanes.

At the same time, the passenger car driven by the victim C (Nam, 51 years old) is driving ahead of the right line, so in such a case, there was a duty of care to look at the front line and the right and the right of the driver of the vehicle well and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, found the victim who was going ahead of the right side of the vehicle driven by the Defendant due to the change of course, and tried to avoid it, and received the victim's back to the left side of the vehicle driven by the Defendant, and then received the victim's back to the right edge of the vehicle driven by the Defendant.

Ultimately, the Defendant left the victim E (ma, 46 years of age) who was on the back seat of the passenger car driven by the victim due to the above occupational negligence, without taking necessary measures, such as aiding the victim by stopping immediately while suffering from the injury, such as salt, tension, etc. of the damage, which need to be treated for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B-hurged vehicle under the influence of alcohol content 0.119% at the section of about 25 km from the influent area of Gangdong-gu Seoul Metropolitan Government to the outer cycle of Sungnam-gu, Seoul Metropolitan City to the outer circulation intersection of the Manam-si, Jungnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report and the actual condition report of the master driver;

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