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(영문) 의정부지방법원 고양지원 2018.07.20 2018고단1104
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

1. On April 11, 2018, the Defendant was driving a Rab car under the influence of alcohol level of approximately 0.125% in the section of approximately 3.5 meters in the 205-dong, a village in which the coming from the day near the Gabol-dong, which is located in the Soyang-gu, Seoyang-gu to the day preceding the 205-dong, in a manner of under the influence of alcohol level of about 0.125% in blood.

2. The Defendant is a person who is engaged in driving a radar car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after an accident).

On April 11, 2018, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1 of around 04:10, while driving it, and driving it on the same three-lane road in front of the 205 East-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to see the whole, the rear, the left, and the left along the vehicle line and to prevent accidents in advance by checking the safety of the course and driving the motor vehicle.

Nevertheless, the Defendant was driven by the victim C (56) who was driven by the negligence of driving a vehicle under the influence of alcohol as above along the two-lanes as above, and the right-hand side part of the Defendant was followed by the victim C (56 Do) who was driven by the two-lanes.

Ultimately, the Defendant, by the foregoing occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment on the part of the victim E (35) who is the said taxi passenger, and suffered injury on the cream, tensions, etc. in need of medical treatment for about three weeks, and escaped without taking necessary measures, such as providing relief to the victim by immediately stopping the said taxi repair cost to the extent that the said taxi repair cost would amount to KRW 2,277,438.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. The actual investigation report on traffic accidents;

1. The principal driver;

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