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(영문) 창원지방법원 2018.11.22 2018고단720
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with C low speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc. of Specific Crimes”), and in violation of the Road Traffic Act (after an accident

On February 12, 2018, the Defendant driven the said car under the influence of alcohol content of 0.147% in blood at around 18:40 on February 12, 2018, and moved the intersection of the distance from the side of the bus terminal located in Jin-gu, Jin-gu, Jin-gu, Kim Young-si to the right side of the distance of the side of the road.

Since there is an intersection and another vehicle passing through, there was a duty of care to safely operate the vehicle by accurately manipulating the front door and the left and right of the vehicle driver.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol as above, and due to the Defendant’s negligence, the Defendant’s low string part of the Defendant’s low string-down car, left from the north-North Korean street to the north-North Korean road. The Defendant was also under the victim D( South, 40 years old)’s column E was also facing the left side of CA car, and was placed with the string and fences.

Ultimately, the Defendant suffered from the injury of the above victim D, such as a side fluoral dume, tension, etc. on the side side of the said victim D, which requires a two-day medical treatment, due to the above occupational negligence, and the above CF (the 43 years old), the victim G (the remaining, the 12 years old), and the victim H (the remaining and the 7 years old) suffered from the injury of the c motor vehicle in need of a two-day medical treatment respectively, and the above C motor vehicle was destroyed to the repair cost of KRW 941,268, but the above C motor vehicle was stopped immediately and escaped without taking necessary measures, such as aiding the damaged person.

2. On February 12, 2018, the Defendant violated the Road Traffic Act (drinking driving) at around 18:40 on February 12, 2018, in the section of approximately 1.5km from the Chinese restaurant near Jin-gu, Jin-si, Jin-si, Kim Young-si, Gin-si, Kimhae-si, to the front road of Samsung F&L.

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