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(영문) 춘천지방법원 2019.05.16 2019고단141
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

On August 3, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on July 27, 201, and issued a summary order of KRW 1.5 million to a fine for the same crime in the Daegu District Court on July 27, 201, and on August 4, 201, the Defendant issued a summary order of KRW 4 million to a fine at the Chuncheon District Court on August 4, 2014, on at least three occasions.

The Defendant is a person engaging in driving a car B G80.

On November 23, 2018, the Defendant driven the said G80 vehicle while under the influence of alcohol around 21:00, the blood alcohol concentration of 0.187%, and the Chuncheon City C road was driving from the boundary of the D school to the site of the school.

In such cases, a person engaged in driving service has a duty of care to live well on the right and right side of the course and to accurately operate the steering and brake system.

Nevertheless, the Defendant received the back portion of the F rocketing passenger car driven by the victim E (I, 45 years old) who stops in the front line of the signal at the front of the G80 car, and received the back portion of the HM3 passenger car driven by the victim G (I, 45 years old) as the front portion of the said HM3 passenger car while keeping the said rocketing passenger car in front of the said passenger car.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victims, such as sastum saves that require treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as providing rescue to the victims, even though the said rocketing car was damaged by its repair cost of KRW 1,639,450.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement concerning E and G;

1. Application of the Act and subordinate statutes to actual condition survey reports, accident site maps, photographs related to traffic accidents, weather accident-related circumstantial statements of drivers, investigation reports, each medical certificate, and written estimate;

1. Criminal facts;

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