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(영문) 창원지방법원 2018.11.01 2018고단2283
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 a period of 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 DNA motor vehicle.

On April 22, 2018, the Defendant driven the said car under the influence of alcohol content of 0.096% in blood around 06:00, while driving the said car, and proceeded from the surface of the apartment room of the Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si to the intersection of the private street in the Changwon-si.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely operate the operation of the operation and operation of the operation and steering gear by accurately manipulating the steering and steering gear.

Nevertheless, the Defendant neglected this, while driving a stop signal while under the influence of alcohol, was due to the negligence of driving the intersection, and was under the influence of the Defendant’s driving direction from the right side of the road to the left-hand side of the victim E(W, 50 years old) driving under normal signals, and received the left-hand side of the victim E(W, 50 years old) driving.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks’ medical treatment due to occupational negligence, and at the same time, the Defendant, after the victimized vehicle, destroyed the damaged vehicle to use the repair cost of KRW 1,481,286, such as so on, but not immediately stopped and escaped without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate and a statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes on the CCTV closure screen;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts (the point of non-measures after accident).

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