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(영문) 전주지방법원 2018.06.05 2018고단274
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or measures not yet taken after an accident).

On December 19, 2017, around 02:00, the Defendant was driving straight along the D Jeong-gu and the front private street from the front side of the river to the front side of the front side of the road, which is located in Yansan-gu Seoul Special Metropolitan City on the front side of the river.

At the time, the location was an intersection where signal lights are installed, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by observing the traffic laws and regulations, and by accurately manipulating the steering direction and the steering system.

Nevertheless, while driving under the influence of 0.122% alcohol level in blood, the Defendant did not perform the above duty of care and did not temporarily stop the electric-round signal while entering the intersection, and did not temporarily stop, and did not take necessary measures such as rescueing the victim E (n. 48 years old) to the right side from the left side of the progress direction of the Defendant’s moving into the intersection with yellow on-and-off signals. At the same time, the Defendant suffered injury by the victim, due to the impact of cargo lanes, such as light dump, tension, etc. in need of approximately two weeks of medical treatment, and at the same time, the Defendant escaped without taking necessary measures, such as providing the victim with immediate relief.

2. On December 19, 2017, the Defendant: (a) driven a bcoon in the state of alcohol leveling 0.122% of alcohol level from the front day of the Yansan-gu, Seoul Special Metropolitan City, Yansan-dong, Seoul Special Metropolitan City, to the front day of the Yansan-dong and the front day of the same Gu C, while under the influence of alcohol leveling 0.122%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A traffic accident report;

1. Statement;

1. A medical certificate;

1. A criminal investigation report (or relative to a suspect;

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