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(영문) 의정부지방법원 2018.04.20 2017고단5338
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and a violation of the Road Traffic Act (or the injury).

On September 21, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.070% in the blood at the intersection of 2435 Sucheon-si, Mancheon-si, 21:40, the Defendant moved the vehicle to the direction of the government in the direction of the mouth of Mondo.

A person engaged in driving service shall not drive under the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safelypassing without impeding the course of a straight-on vehicle at the time of the right-hand.

Nevertheless, the Defendant neglected this, while driving a motor vehicle under the influence of alcohol, and immediately entered the same lane as above, caused the victim’s dump dump fombba, which was in a straight line with one lane, to suffer an injury to the victim, and at the same time, destroyed the said motor vehicle to cover KRW 5,335,020, while driving the motor vehicle under the influence of alcohol, and runs away without taking necessary measures.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle of approximately 10km in the fluence of alcohol level at the 0.070% alcohol level from blood transfusion during the first day of paragraph (1) to the Defendant’s residential parking lot located in Bocheon-si E via the above accident point at the parking lot adjacent to the Shincheon-si World Cup Ro-gu World Cup 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared by C related to a traffic accident;

1. A report on the occurrence of a traffic accident, a map at the scene of a traffic accident, and a report on actual condition investigation;

1. Inquiries into the results of crackdown on driving alcohol, a statement of the situation of the driver of the alcoholic beverage, and an investigation report (investigation into the concentration of alcohol in blood at the time of the accident);

1. A medical certificate;

1. Written estimate;

1. On-site photographs;

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