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(영문) 창원지방법원 진주지원 2016.10.26 2016고단757
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaging in driving a rocketing car.

On June 6, 2016, the Defendant driven the said car on June 22:12, 2016, and led the E-Gyeongwon road D at the Jinju City to proceed to the direction of bus terminals No. 35 of the former 35 from the right edge of the sub-committee.

At the time, there was a restriction on the view of night and raining, so in such a case, there was a duty of care to prevent the traffic accident in advance by driving a motor vehicle in a prompt manner by keeping the driver with a clear mind.

Nevertheless, the Defendant neglected to do so and led the victim to go beyond the victim on the front part of the Defendant’s car by occupational negligence, which led to a sudden progress without looking at the front side while under the influence of 0.154% alcohol content. The part of the victim F (54 years old) who crosses the road to the left side of the direction of the Defendant’s running.

Ultimately, due to the above occupational negligence, the Defendant, even though he suffered from the left-hand scke of the light scke in need of treatment for about eight weeks, left-hand sckes, and did not immediately stop and take necessary measures, such as aiding the victim, and escaped as it is.

2. Around June 22:12, 2016, the Defendant was driving a C rocketing car under the influence of alcohol content of about 0.154% at a section of about 530 meters from the 530-meter distance to the Haakwon parking lot located in the Haak-dong, Jin-si, Jin-si. In addition, the Defendant was driving a C rocketing car under the influence of alcohol content of about 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A written statement;

1. Traffic accident report and actual condition investigation report, report on the circumstantial statement of a drinking driver, report on the detection of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. A medical certificate;

1. The Act and subordinate statutes governing shooting of accident sites and accident vehicles;

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