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(영문) 전주지방법원 2019.06.21 2019고단66
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

1. On December 12, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) driving the said car under the influence of alcohol concentration of 0.109% on blood alcohol level on December 23, 2018, and driving the said car along the same four-lane road in Seojin-gu Seoul at Jeonjin-gu, Jeonjin-gu, Jeondong-gu, Jeonju-gu, along the two-lane road along the E-cafeteria.

At the time, it is night, and there are many vehicles passing along the four-lanes, so the driver of the vehicle has a duty of care to look at the traffic situation of the front side and to safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and took part of the part of the Victim F(24 years old) G Hand, which was driven by the victim F(24 years old) on the right side side of the same lane due to the occupational negligence, following the Defendant’s operation of the car operation.

Ultimately, the Defendant got about four weeks of medical treatment to the victim due to the above occupational negligence, and went away without taking necessary measures, such as aiding the victim, even though he/she suffered from the left-hand hand, with the need for medical treatment.

2. The Defendant was under the influence of alcohol 0.109% of the blood alcohol level as stated in paragraph (1) of the Road Traffic Act, and the Defendant was driving a motor vehicle for the stimul concerned from the Do in front of the “I” located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, to the front road of the “K” located in Seojin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Yellow view survey report, on-site photographs, and CCTV closure photographs;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Reports on internal investigation (verification of the routes, etc. of the suspected criminal suspect's escape);

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Calculation of blood alcohol concentration);

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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