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(영문) 창원지방법원 2018.05.30 2018고단541
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 vehicle B with low investment.

On January 31, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.137% among blood transfusions on January 31, 2018, and led to the four-lanes in front of D hotel C at the window of Changwon-si in Changwon-si along the two-lanes toward viewing square from the side of the master valleys.

In such cases, there was a duty of care to prevent accidents in advance by driving safely, such as thorough driving of the motor vehicle on the front side and securing safety distance.

Nevertheless, the Defendant neglected to stop the vehicle at the time when he proceeded as it was, and then discovered the F. F. M. F. F. F. F. F. F. F. F. F. F. L., which was stopped in accordance with the suspension signals of the vehicle at the time when it was driven by the Defendant. However, the Defendant failed to stop the vehicle at the time, and received the part behind the vehicle at the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained the injury of the victim E and the victim G (C) who was on board the said rocketing car with approximately three weeks of medical treatment, including 36,00 won of the repair cost, and escaped without taking necessary measures, such as stopping the said rocketing car owned by the victim H, even though it damages the said rocketing car to the 366,000 won of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver at home, report of the situation of the driver at home, and report of the detection of the driver at home;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a survey report, a tea inquiry, a photo of destruction, a medical certificate, an accident video CD, and a quotation;

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 the injury from duty) and Road Traffic Act concerning criminal facts.

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