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(영문) 대전지방법원천안지원 2020.08.12 2020고단1555
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On June 7, 2020, the Defendant, while under the influence of alcohol on 0.123% of blood alcohol concentration at around 22:47, the Defendant had a duty of care to confirm the safety of the future and the right and the right and the right of the vehicle driving prior to the D convenience point in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the direction toward the side from the E apartment direction. In such a case, the Defendant had a duty of care to confirm the safety of the course by properly examining the direction and right

The Defendant failed to discover a G70-car driven by the injured FF (the age of 26) of the victim F (the age of 26) who was under a stop in the aftermath of the vehicle due to negligence while neglecting it under the influence of alcohol as seen above, and received the front part of the said G70-car with the front part of the said G70-off car.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

2. The Defendant, at the time and place specified in Paragraph 1, driven a B-learning car under the influence of alcohol by 0.123% of alcohol concentration in blood at a place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents (1) and reports on the occurrence of traffic accidents, reports on the state of traffic accidents, reports on the state of his/her driving, investigation reports (report on the state of his/her driving), and reports on the results of

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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