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(영문) 춘천지방법원 강릉지원 2019.03.20 2019고단47
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a motor vehicle with two highest motor vehicles;

On December 28, 2018, the Defendant, while under the influence of alcohol on December 10:15, 2018, driven the said car and driven it to the Fhigh school from the side of the D Elementary School located in C.

At the same time, the front door is a private-distance intersection where signal lights are installed, so the driver had a duty of care to safely proceed with the vehicle driving in the vicinity, and when the vehicle driving in the front door stops in accordance with the new code, the driver has a duty of care to secure the safety distance to avoid the situation.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was at the front part of the Defendant’s passenger vehicle back part of the Victim G (W, 28 years old), which was stopped by a stop signal at the front direction of the course due to the negligence of driving in the vicinity of the vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim G by suffering from brain-dead, etc. without any room in the two markets where treatment for about two weeks is open. At the same time, the Defendant, who owned the said SP car, destroyed the said SP car and escaped without taking necessary measures, even though it did not immediately stop the said car to ensure that the amount equivalent to KRW 1,734,335 is equivalent to the repair cost, such as the exchange of a spread.

2. The Defendant violated the Road Traffic Act (driving) at the time and at the same time, driven a B-hand car under the influence of alcohol with a blood alcohol concentration of about 0.080% from the section of approximately 1.6 km from the J restaurant in the first place to the front road in the Defendant’s residence, at the time of March 1, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a map of each accident site;

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