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(영문) 수원지방법원 성남지원 2019.05.07 2019고단38
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a BMW Z4 car;

On December 21, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.147% 0.147% around 00:40 on December 21, 2018, and driven the front of the white sand distance in front of the white road located in the Pungnam-si, Pungnam-si, along the four-lane distance from the horizontal distance to the port of port of death.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation and steering gear of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(55 years of age) who changed the course from the two-lanes to the four-lanes of the above road due to the negligence of neglecting the Jeonju City.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim, such as salt ties, tensions, etc. in need of treatment for about two weeks, and suffered injury to the victim E (the 45-year old-age-old-age-age-age-age-age-age-of-life-age-age-of-life-age-of-life-age-of-life-life-age-of-life-life-age-of-life-life-related-life-related-life-related-related-related-related-related-related-related-related-related-related-

2. Around 00:40 on December 21, 2018, the Defendant used BMW Z4 car at approximately 16 km from the restaurant parking lot located in Gangnam-gu Seoul Metropolitan Government to the point of accident described in paragraph (1) while under the influence of alcohol 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (six pages of investigation records);

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