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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단912
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 00:20 on September 6, 2019, the Defendant driven the FM5 car from the distance to the E apartment to drive the FM5 car at a speed of about 30 to 40 km.

At the time, it was difficult to secure the view due to the night, and the victim G (36 years of age) was placed on the front side of the Defendant’s vehicle, so there was a duty of care to drive safely by checking well the front side of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, while driving a vehicle, and received the victim as the front driver of the Defendant’s vehicle by negligence.

Ultimately, the Defendant, by occupational negligence, escaped without taking measures, such as providing relief to the victim, even though he/she suffered injury, such as an injury to the body of a sake, accompanied by the left-hand sake, which requires medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Gritten statements (in the event of traffic accidents);

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of 9 copies of an accident site photograph;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, while under the influence of alcohol, experienced a traffic accident that directly shocks pedestrians, resulting in serious injury to the victim up to 14 weeks; and the crime of this case is very serious.

In particular, considering the shape of the front glass of the vehicle driven by the defendant, it seems that the degree of shock that the victim suffered at the time is very strong.

Defendant.

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