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(영문) 수원지방법원 여주지원 2018.04.11 2018고단98
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also in Jeju) Defendant A is a person engaging in driving a car in the SPP.

On November 17, 2017, the Defendant driven the said car under the influence of alcohol content of 0.063% during blood transfusions on November 17, 2017, and led to a road located in 135 in the opening of Gyeonggi-gu, Gyeonggi-do, to the opening of the Gun.

At the time, at night, and at a single-lane road, pedestrians walk along the edge of the road, there was a duty of care to prevent accidents in advance by driving on the front side and the left side and safely.

Nevertheless, while the Defendant neglected to do so, the Defendant received the victim D (e.g., 51 years of age) who walked on the right side from the Defendant’s car as the front side of the car and got the victim over the ground.

Ultimately, even though the Defendant suffered injury to the left-hand side of the victim requiring approximately eight weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

2. The Defendant, at the above date and place, driven a C SP car under the influence of alcohol concentration of 0.063% in blood at the same time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Police seizure records;

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

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

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Determination of the Defendant’s assertion of each of the pictures and CDs (one-time 3), the Defendant did not see the victim at the time of shocking the victimized person. The Defendant stopped the vehicle immediately after shock, but did not discover the victim, and was on the way.

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