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(영문) 부산지방법원 동부지원 2018.07.18 2018고단495
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. Around 19:55 on February 17, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) driving a motor vehicle of sofried by C while under the influence of alcohol level of 0.152% during blood transfusion, and driving a motor vehicle of 0.152% on his/her duty, and driving a two-lane road in front of the E store located in Busan Southern-gu, Busan, toward the direction of the United Nations crosssection from the direction of the former Foreign Language University, and

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take the front door and left door well and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, due to the negligence of being drunkly driven by the Defendant, the Defendant was placed at the right edge of the two-lanes in front of the said E burial, and the part left side of the Victim F(59) GLz GLK’s back of the said car was placed at the right edge of the said car.

Ultimately, the Defendant, by its occupational negligence, sustained injury to the victim H (the 56-year old age), who was the passenger of the said F and the said Benz’s car, by each of the above occupational negligence, on the part of the victim H (the 56-year old age), including the clocks and tensions in need of medical treatment for about two weeks, and at the same time, did not take necessary measures, such as making a stop to rescue the damaged party while destroying the left part of the said Benz’s car to cover KRW 2,384,425.

2. On February 17, 2018, the Defendant, while under the influence of alcohol leveling 0.152% from blood alcohol leveling around 19:5 on February 17, 2018, he/she again driven a vehicle of 2 km from the 75-way, Nam-gu, Busan, Seo-gu, Busan, through the E store in Busan, to the point of departure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notification of the results of the crackdown on the driving of alcohol, the report on the situation of the driver under the influence of alcohol, the investigation report (report on the situation of the driver under the influence of alcohol), the vehicle photograph of the victim, the photograph of the damaged vehicle

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