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(영문) 광주지방법원 2020.05.14 2019고단5236
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 06:00 on September 26, 2019, the Defendant, while under the influence of alcohol at least 0.079% of blood alcohol content, driven a straw car at the section of about 5km from the front of a restaurant located in B in the State of L, to the front of the E Center platform located in D in the same city.

2. The Defendant is a person who is engaged in driving a Frocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (hereinafter “Aggravated Punishment”).

On September 26, 2019, at around 06:00, the Defendant driven the said car while under the influence of alcohol and proceeded at a speed of about 60 km in speed, depending on the two-lanes of the E Center platform in D from the new intersection intersection to G room from the new intersection.

At the time, it was difficult to keep the surrounding area due to new wall hours, so there was a duty of care to prevent the occurrence of traffic accidents by driving a driver driving a motor vehicle with a prior and safe driving.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim H (77 years of age) who was running a bicycle on the front side of the said vehicle, due to negligence in the front side of the vehicle, and did not discover the victim H (77 years of age) who was driving the bicycle on the left side of the front part of the vehicle and had the victim go beyond the road.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim to suffer injury, such as the alley of the right-side executives in need of treatment for about 8 weeks, and, at the same time, did not immediately stop the bicycle equivalent to 335,000 won at the market price and did not take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Reports on internal affairs (the application of the Radmark formula);

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. 112 Reporting Table 1.2

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