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(영문) 창원지방법원 밀양지원 2018.08.16 2018고단255
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On April 29, 2018, the Defendant driven the above cargo while under influence of 0.223% of alcohol concentration in blood without obtaining a driver’s license from the section of approximately 12km from the section of around 12km in the direction of the entrance of the two valleys village located in the same city, in the vicinity of the restaurant located in the cafeteria-do, in a narrow speed of around 14:30 on April 29, 2018.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domain sentence) and a violation of the Road Traffic Act (after an accident) led the Defendant to drive the above cargo while under the influence of alcohol without obtaining a driver's license as stated in paragraph (1) at the time indicated in paragraph (1) of this Article, and proceed to the front of the entrance of the village located in the inside of the shore where the breath of the breath of the breath of the breath of the road

Since the center line is a place where the center line is not supported, there was a duty of care to prevent the accident in advance by safely driving the vehicle from the accident by driving the vehicle in front of the center line.

Nevertheless, the Defendant, while neglecting his duty under the influence of alcohol, led the Defendant to see the direction of the Defendant’s proceeding by the negligence of driving at the center of the road, and led the Defendant to the front part of the left-hand side of the victim C (76 years) who driven by the victim C (76 years).

Ultimately, the Defendant, by the foregoing occupational negligence, sustained from the victim E (V, 73 years old), who was on board the victim C and the damaged vehicle, the injury of light salt, etc. in need of approximately two weeks of medical treatment. While destroying the damaged vehicle to an extent equivalent to KRW 1,436,884 of the repair cost, the Defendant left the vehicle without taking measures such as providing rescue to the victims by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. A survey report on actual conditions;

1. Driving of alcohol;

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