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(영문) 창원지방법원 2020.05.20 2020고단438
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving vehicles B;

On January 8, 2020, the Defendant driven the above vehicle under the influence of alcohol of 0.115% with a blood alcohol concentration of 0.115%, and driven the front road of D in Kimhae-si C along the two-lanes between the fluence and the fluence of the French-si village.

In such cases, the driver has a duty of care to take a full account of the traffic situation of the front section and the road and to prevent accidents in advance by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so, while driving the said vehicle at a normal time due to the influence of drinking, such as smelling, walking, etc., while driving the said vehicle while it is difficult to drive the vehicle due to the influence of drinking, and thereby driving the said vehicle on the two-lanes of the same embankment, the Defendant received the rear part of the victim E-driving car which was parked to bypass the said two-lanes.

As a result, the Defendant got injured by the victim F (V, 56 years of age) who was on board a spak vehicle due to such occupational negligence, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, the Defendant escaped without immediately stopping the spak vehicle so that 1,876,446 won can be damaged to repair the spak vehicle, and without taking measures such as providing relief to the victims.

2. Around 21:50 on January 8, 2020, the Defendant driven B Poter Cargo Vehicles with approximately 500 meters alcohol concentration 0.115% under the influence of alcohol level 0.15% from the road front of H located in Gangseo-gu Busan Metropolitan City to the front of D located in Kimhae-si, G.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. The actual condition survey report, the photo of the accident site, each investigation report, the circumstantial statement;

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