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(영문) 부산지방법원 2019.05.31 2019고단1155
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 engaging in driving a Brane car.

On March 4, 2019, at around 23:10, the Defendant driven the said car under the influence of alcohol of 0.14% with blood alcohol concentration of 0.14%, and became to turn to the left in the direction of discharge from the direction of C, depending on the five-lane of the 74-lane in the Busan Jin-gu, Busan.

Since there is an intersection at the front side, there was a duty of care to make a left-hand turn after checking the front side and the left and the right of the person engaged in driving service prior to making a left-hand turn.

Nevertheless, the defendant neglected to turn to the left at a two-lane of the victim D(24 years old) driving, which was left at a two-lane due to negligence, was shocked by the front part of the defendant's driving.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim D by the crops and tensions that need to be treated for about two weeks, and sustained injury to the victim F (19 years of age) who crops and tensions that need to be treated for about two weeks, and escaped without taking necessary measures, such as immediately stopping the above cros or automobiles to cause damage to KRW 1,216,312, such as the exchange of crops and tensions, and saving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of one copy of a traffic accident report, a statement on the circumstances of a driving driver, a report on the results of the control of drinking driving, a written diagnosis, and a vehicle repair estimate;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after causing bodily injury by occupational negligence), Articles 148 and 54 (1) of the Road Traffic Act;

1. Commercial concurrence;

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