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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단1863
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C Spoon Motor Vehicle.

1. On April 3, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol content of about 0.118% from the 5km section of alcohol to the 5km road in front of the same Myeongsan-ri, the trade name in the Magnam-gu Mag-ri, Gyeonggi-si, the Gamban-si, the Gamban-si.

2. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award), driven the said motor vehicle and driven it on April 3, 2018, 10:20, the roads in front of the E gas station located in Gyeonggi-si, Gyeonggi-do on April 3, 2018 were going to go to the right from the direction of the light shed.

Since there is a one-lane road, the driver engaged in driving motor vehicles has a duty of care to prevent accidents by accurately manipulating the front door and accurately manipulating the devices.

Nevertheless, under the influence of alcohol as described in paragraph 1, the Defendant’s negligence, which led to a shock of the part on the right side of the G’s “motor vehicle for accusation,” which stops on the right side of the Defendant’s operation direction, i.e., the victim F ( South, 47 years old).

Ultimately, the Defendant, by negligence on duty, went away without immediately stopping the victim, without taking necessary measures, such as aiding the victimized person, even though the victim was on board a platform room installed in loading the said “motor vehicle for filing a complaint” due to the foregoing occupational negligence, and suffered from the injury of the scam and the scam foreline in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of F or H:

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. On-site photographs, etc.;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts.

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