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(영문) 수원지방법원 성남지원 2018.06.14 2018고단767
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (for the foregoing reasons, the defendant is a person engaging in driving a spke car.

On March 4, 2018, the Defendant driven the above car at around 01:45, and proceeded along the three-lanes in the direction of the village distance from which the six-lane roads located in the 195-lane as Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

At the same time, there was a crosswalk where signal lights are installed on the front door, so in such a case, the driver of the motor vehicle shall not drive the motor vehicle under the influence of drinking or drugs, and the driver of the motor vehicle shall not drive the motor vehicle in a situation where it is difficult to drive the motor vehicle normally due to the influence of drinking or drugs. The driver of the motor vehicle has a duty of care to check whether there is a person who gets on the road along the crosswalk by thoroughly examining the front door

Nevertheless, the Defendant did not discover the victim C (73 ) who was driving a motor vehicle under the influence of alcohol while driving a motor vehicle in violation of the vehicle stop signal and cross the crosswalk to the right side from the left side of the crosswalk, and received the above bicycle right side part as the front part of the motor vehicle.

Although Defendant 1’s negligence in the above occupational negligence suffered injury to the victim, such as T7 extreme abundance, etc. in need of approximately 12 weeks of treatment, Defendant 1 immediately stopped and escaped without taking measures, such as providing relief to the victim.

2. Around 01:45 March 4, 2018, the Defendant driven a B SP car under the influence of alcohol content of 0.120% in blood while under the influence of alcohol content of 0.120% in the middle of the 57-ro, west-si, Seoul Special Metropolitan City, from the 57-ro to the west-ro, west-ro, 544.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. The survey report, the investigation report (the situation report of the driver in charge).

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