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(영문) 대전지방법원 2020.01.09 2019고단3546
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 two 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 B-Adi vehicle.

On June 20, 2019, the Defendant driven the said car under the influence of alcohol of 0.161% with blood alcohol concentration around 23:50 on June 20, 2019, and led to turn to the left at a speed of about 30km from the entrance of the apartment at the direction of the apartment to E-Dong.

At this time, the Defendant had a duty of care to safely drive and prevent accidents, such as accurately operating steering the steering gear and brakes, and checking whether there are vehicles with the three-distance distance distance from the opposite side of the E-dong by checking the steering gear and steering system in such cases.

The Defendant neglected to make a left-hand turn on the left, and found and operated at the latest by the victim F (29 years of age) who was driven by the Victim F (29 years of age) from the Mad E-dong to the intersection, and did not avoid it, but received the victim’s front-hand part of the front-hand part of the Defendant’s next left-hand part.

The Defendant, by negligence in the course of performing such duties, sustained bodily injury, such as salt ties, tensions, etc., in need of medical treatment for approximately two weeks, and escaped without immediately stopping the vehicle of the victim and taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed the vehicle of KRW 1,118,769 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Application of traffic accident reports, accident site photographs, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, diagnosis reports, written estimates, and CD-related Acts and subordinate statutes;

1. Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); and specific crimes regarding criminal facts.

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