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(영문) 춘천지방법원 원주지원 2019.09.26 2019고단457
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On April 6, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) provided a duty of care to safely drive a motor vehicle while driving a B carren motor vehicle under the influence of alcohol level of 0.189% on a 0.25% of the blood alcohol level, and driving the motor vehicle in front of the original city, despite the fact that the person who is engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle by observing the central line, while neglecting it under the influence of alcohol, the part of the victim D(53 years old) driving the motor vehicle in front of the motor vehicle in front of the motor vehicle of the Defendant.

At the same time, the Defendant: (a) by occupational negligence inflicted an injury on the victim D, such as climatic salt in need of approximately two weeks of medical treatment; and (b) at the same time inflicted an injury on the victim F (F) such as climatic salt in need of medical treatment for about two weeks; and (c) at the same time, the Defendant destroyed the victim’s rocketing and other automobiles to be repaired by KRW 4,128,738 of repair cost; and (d) did not immediately stop the vehicle and escaped without taking necessary measures.

2. On April 6, 2019, the Defendant driven a B car under the influence of alcohol at approximately 500 meters alcohol level from the Hanju-si road to the G road. From around 20:25, the Defendant driven a B car under the influence of alcohol at approximately 0.189%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. Notification of the result of the drinking driving control;

1. Each written diagnosis;

1. Written estimate of damage from substitute water;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report an investigation (related to the verification of damaged vehicle black images);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 148 and 54(1) of the former Road Traffic Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the relevant Act concerning the crime

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