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(영문) 춘천지방법원 원주지원 2018.05.09 2018고단84
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2017, the Defendant violated the Road Traffic Act (drinking) driving a Franchising car under the influence of alcohol content of 0.183% while under the influence of alcohol content 0.183% from the front parking lot to the front road of “E” located in “E” located in “E” in “E” located in “E” in “C” in “C” at the original city of Won-si.

2. The Defendant is a person who is engaged in driving a motor vehicle as specified in paragraph (1) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and in violation of the Road Traffic Act (the subsequent measure after an accident).

On August 26, 2017, the Defendant driven the above vehicle at around 18:30 on August 26, 2017, and continued to proceed in the parking lot “C” in “C” located in the original city B.

Victim G (37 tax) was parked at the time

H Since a person engaged in driving of a motor vehicle was seated in a car driver's seat, he/she had a duty of care to check the distance between the two vehicles set up in the parking lot and to prevent accidents in advance by driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and got back the vehicle behind the Defendant, and received the front part of the victim’s vehicle.

The Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as “brain cerebral sugar without any wound in two open places,” which requires approximately two weeks of medical treatment, and at the same time, did not immediately stop the victim’s motor vehicle so that the 2,988,038 won of repair expenses were damaged, and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) - An actual survey report, and the application of Acts and subordinate statutes to notify the results of crackdown on drinking driving;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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