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(영문) 부산지방법원 2021.02.17 2020고단4992
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

On March 19, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (drinking).

On July 23, 2020, the Defendant, while under the influence of alcohol 0.191% during blood transfusions, proceeded with B low typ-cars to the National Pension Service from the intersection on the side of the determination of the intersection of the building Busan-gu C in Busan-gu, Busan-do.

Defendant 1 sent to the left-hand turn due to the instability of walking due to the above influence of alcohol, such as overcoming the face due to the red and walking, but Defendant 1 was negligent in driving the said vehicle at the front of the left-hand turn on the left-hand turn on the left-hand side of the victim D (51 tax) driving on the left-hand turn from the National Pension Service on the left-hand turn from the left-hand side of the said vehicle.

As a result, the Defendant inflicted injury on D such as salt, tension, etc. on the bones of wood that requires medical treatment for about two weeks, suffered injury on the victim FF on board the said taxi (hereinafter referred to as "FF 27 years of age"), such as catum salt, etc. requiring medical treatment for about three weeks, and, at the same time, did not immediately stop the said taxi and escape without taking necessary measures, such as providing relief to the damaged person, even though the said taxi was damaged by the amount equivalent to KRW 897,708, and violated the provision prohibiting drinking driving at least two times.

Summary of Evidence

1. A criminal investigation report, such as a defendant's legal statement D, a written opinion of each police statement about F, a medical certificate, a notice of the results of the control over driving of repair estimates estimates, on-site photographs, etc. (a photograph after capturing a black cam image);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (a point of driving alcohol) concerning the crime.

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