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(영문) 의정부지방법원 고양지원 2018.06.22 2018고단211
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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a state award) is a person engaging in driving a motor vehicle with B-to-purd motor vehicle.

On October 17, 2017, the Defendant driven the above vehicle at around 06:00, and changed the four-lanes from the direction of the metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan cities to the direction of the metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan metropolitan cities.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to inform the direction change in advance and to change the course safely by taking into account the traffic conditions before and after the direction.

Nevertheless, the Defendant neglected this and changed the course from the two lanes to the three-lanes as it is, due to occupational negligence, brought the victim C(45 Do)'s left side side of the driver's car into the front side of the Defendant's driver's car.

Ultimately, the Defendant, by occupational negligence as seen above, sustained a scarcity of a scarke wall that needs to be treated for about six weeks, and escaped without taking any measure, such as aiding the victim on the job.

2. On October 17, 2017, the Defendant was under the influence of alcohol content of 0.182% in blood at around 07:00, the Defendant driven a balp-fed car from the 10km section from the 10km section to the 345th road at the Seoul-ro search.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury) and Article 148-2 (2) 2 of the Road Traffic Act.

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