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(영문) 의정부지방법원 고양지원 2018.07.05 2018고단1116
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. On March 21, 2018, the Defendant violated the Road Traffic Act (drinking) driving a DNA car under the influence of alcohol 0.073% alcohol concentration from the 2km section of approximately 2km to the commercial building located in the same city, Seo-gu, Seo-gu, Busan Metropolitan City, through the road located in 55 U.S. in the middle-ro of the same Gu from the roads near the Pungsan-dong-dong Pungdong-gu, Busan Metropolitan City to the construction site of the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person engaging in driving a DNA car.

On March 9, 2018, the Defendant driven the said car under the influence of alcohol, as set forth in paragraph (1) of the same paragraph, and driven it along the two-lanes toward the mother elementary school from the direction of the Pungsan Station at the construction site of the Nansan Pamc in order to drive it at the speed of 55 U.S. in ancient cities.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim E (55 years old) who is driving a bicycle in the same direction as the above due to negligence while driving a bicycle in the same direction as above, and received the victim's bicycle back part of the victim's bicycle because it is between the right-hand side of the passenger vehicle of the defendant and the front side of the passenger vehicle of the defendant.

Ultimately, even though the Defendant suffered from an injury, such as the mouth of the body body in light of the body body of the light frame, accompanied by a non-alleys that require approximately eight weeks of treatment due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, on-site photographs, the statement of the situation of the driver in charge of driving, photographs of the vehicle under command, on-site photographs

1. Relevant Articles of the Act concerning the facts constituting the crime;

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