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(영문) 광주지방법원 목포지원 2019.09.27 2019고단572
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) the Defendant is a person engaging in driving a passenger vehicle B.

On April 30, 2019, at around 20:10, the Defendant was under the influence of alcohol with 0.135% of blood alcohol concentration 0.135%, and was parked on the side side of the D intersection C at Jeonpo-si, Jeonpo-si, and entered the way from the E side to the F intersection.

At the time, night and at least one road was a one-lane, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as checking the course in advance, and to prevent the accident by safely driving the motor vehicle.

Nevertheless, the defendant did not operate the direction direction, and entered from the side of the side to the one-lane, and caused a low-speed car driven by the victim G (the age of 58) who was driven by the victim G (the age of 58) who was driving in the one-lane, a sudden operation to avoid a conflict with the passenger car of the defendant.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim G, to the victim I (the 57 years old) who was accompanied by the said low-speed car, and suffered from the climatic salt, tension, etc. requiring treatment for about two weeks, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the casualties.

2. Around 20:10 on April 30, 2019, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of about 0.135% from the 1km section from the front of C in the front to the J of the Southern Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the Police Statement concerning G 1.

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