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(영문) 창원지방법원 진주지원 2020.02.19 2019고단1690
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 2019, the Defendant was under the influence of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) and the Defendant was driving a vehicle B i30% of blood alcohol concentration around 0.073% and proceeded in the direction of D’s driving in the direction of D’s driving distance from the side of the school distance to the side of D’s driving distance.

당시 이면도로 초입부에는 피해자 E(여, 52세) 운전의 F SM5 승용차가 비상등을 켠 채로 정차 중이었으므로, 전방좌우를 잘 살피고 조향 및 제동 장치를 정확히 조작하여 안전하게 운전할 업무상의 주의의무가 있었다.

Nevertheless, the Defendant neglected to perform his or her duties while drinking, thereby receiving the left-hand side of the victim's vehicle from the left-hand side of the Defendant's vehicle.

At the same time, the Defendant, by negligence in the above business, sustained injury to the victim, such as cerebrovasculars, which does not have any wife in two open for about three weeks of medical treatment, and at the same time, destroyed the victim’s car so that the amount equivalent to KRW 469,100, such as the exchange of pansomers, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

2. As stated in paragraph 1, the Defendant continued to flee without taking a measure after shocking the MF5 car of the E driver, and was negligent in under the influence of alcohol while neglecting the duty and the duty of safety driving, as in paragraph 1, while neglecting the duty and duty of safety driving. On June 29, 2019, the Defendant got off the center line of the two-lane road in front of the council members set forth in paragraph 1, around 12:18, 2019, the part on the left left side of the HG 80 car of the victim G driving, which was a traffic signal stop in the first way of the traffic signal stop, was received as the part on the left side of the Defendant’s vehicle.

The Defendant, by such occupational negligence, damages the victim’s vehicle at the repair cost, such as painting, and immediately stops.

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