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(영문) 수원지방법원 성남지원 2019.07.09 2019고단170
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person who is engaged in driving a motor vehicle B high-speed.

On December 31, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.251% 0.251% around 22:30 on December 31, 2018, and led to a two-lane road in front of the Dannam-si, Gwangju Metropolitan City, along with a one-lane from the direction of the Seocho-Eup in the vicinity of the Dannam-si.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 26) driving the two-lane of the above road due to the negligence of neglecting this, and was led to the front part of the car driven by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim E (the 24-year old-age-old) who is the fluore and fluoral dynasium in need of approximately two weeks of medical treatment, and attempted to stop immediately and abscond without taking necessary measures, such as providing relief to the victims.

2. Around 22:30 on December 31, 2018, the Defendant driven a B-typ car in the shape of alcohol concentration of 0.251% on the blood alcohol level at around December 21, 2018.

Summary of Evidence

1. The defendant's partial statement (paragraph (1) on the market), legal statement (paragraph (2) on the market);

1. Statement to C by the police;

1. A traffic accident report, on-site photograph (19 pages), photograph of a black stuff image (53 pages of the investigation record), vehicle photograph (56 pages of the investigation record), and written diagnosis;

1. The circumstantial statement of an employee will be made;

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