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(영문) 부산지방법원 서부지원 2019.11.21 2019고단577
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 three years 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 BM5 car.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Measures Taken after Accidents) on January 26, 2019, the Defendant driven the said car under the influence of alcohol concentration of 0.127% on blood on January 26, 2019, and led the road of five-lanes in front of the lower intersection in the lower intersection in the lower intersection in the drive of the city of Busan, at a non-speed speed from C Hospital to the lower intersection in accordance with four lanes.

At this point, the intersection where signal apparatus is installed is an intersection in the front door, and there is a signal waiting vehicle in the front door, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident by driving the motor vehicle by safely driving the motor vehicle, such as taking the front door and left door well, operating the steering gear and the brake system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and failed to accurately operate the operation of the operation system, and the part of the back part of the victim D(In this case, 40 years old), which was parked in the signal atmosphere from four-lanes in the front direction, was committed as the front part of the MF5 car by the Defendant driving.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, the Defendant, while destroying approximately KRW 277,341 of the repair cost, such as the exchange of back-fluor, destroyed the Mat Motor Vehicles to the extent of 277,341 won, failed to stop and take necessary measures, such as providing relief to the victim.

2. On January 26, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) continued to proceed with the three-lane road in front of the G Hospital located in F in Busan, under the influence of alcohol of 0.127% of the blood alcohol concentration at around 08:14, the Defendant continued to drive at an insular speed along the three-lane distance from the right side of the port of the estuary.

I. H is driving at each place.

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