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(영문) 의정부지방법원 2020.06.08 2020고단622
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

1. The defendant is a person engaged in driving a motor vehicle B with low bid in violation of the Aggravated Punishment, etc. of Specific Crimes Act;

On December 18, 2019, at around 21:50, the Defendant driven the said car with a blood alcohol concentration of 0.108% 0.108%, and led the front side road C in front of the Gu Council at his own city to the Cheongcheon-ro market room at his own government.

In such cases, the driver of the motor vehicle has a duty of care to prevent the accident by safely examining the front left left left and the driver of the motor vehicle has a duty of care.

Nevertheless, the Defendant neglected to do so and did not look well before the front left of the Defendant’s car driving by negligence, which led to the Defendant’s failure to keep his car driving in the front of the Defendant’s car driving seat. However, the part of the victim D (ma, 55 years old) who was walking in the front of the Defendant’s car driving seat was shocked.

Ultimately, even if the Defendant suffered from an injury such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

2. On December 21, 2019, the Defendant was driving the said B-hand car under the influence of alcohol with a blood alcohol concentration of about 0.108% from the 1km section from the front road located in E at Speaker-si to the place where the said accident occurred, around December 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification of black boxes and images);

1. A report on a traffic accident (1) actual condition survey report and a report on the occurrence of a traffic accident;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. A medical certificate;

1. Copies of a black stuffed image and a caps of the victim and a photograph of the marine motor vehicle;

1. Application of accident video CD-related statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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