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(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2330
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. Around 07:50 on June 19, 2018, the Defendant was driving BMW car under the influence of alcohol concentration of approximately 0.158% from the 17km section of the blood alcohol level to the 2nd road in the Seoyang-gu Seo-gu Seoul Metropolitan Government Seodong-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, Seoul, at around 07:50, the Defendant was under the influence of alcohol level of around 17km.

2. Around 07:50 on June 19, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”) led the Defendant to drive the said vehicle while under the influence of alcohol level of 0.158% during blood transfusion, and drive the said vehicle at a speed of 0.158%, and proceed to the Incheon Airport along the three-lane road in front of the road under the direction of the Goyang-gu, Seoyangyang-gu.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to ensure safety distance and prevent accidents while complying with the duty of care in the front direction.

Nevertheless, the Defendant: (a) due to negligence in the course of driving the Defendant’s vehicle under the influence of alcohol while neglecting it; (b) obtained DK3 vehicle from the victim C (34) driving prior to the Defendant’s driving vehicle by driving the Defendant’s driving vehicle, and due to its shock, suffered from the victim’s injury, such as base salt, etc. in need of approximately two weeks of treatment; and (c) at the same time, destroyed the said K3 vehicle to repair cost of KRW 10,527,000; and (d) went away without taking necessary measures, such as providing relief to the injured party by immediately stopping it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

1. Medical certificate (C);

1. A claim for insurance repair expenses;

1. An accident scene, a photograph of an accident vehicle, a photograph of a damaged vehicle, and a photograph of a screen of the damaged vehicle (the defendant knows the accident).

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