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(영문) 창원지방법원 밀양지원 2020.06.11 2020고단27
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 the B-learning passenger car.

1. On April 29, 2010, the Defendant was subject to a disposition of suspension of indictment for a violation of the Road Traffic Act at the Changyang Branch Office of the Changwon District Prosecutors' Office (hereinafter referred to as the "Food"). However, around 17:50 on December 29, 2019, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.148% in the 2km section from the 2km section to the e-mail of the same city to the e-mail of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On December 29, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bodily Injury) driving the said car under the influence of alcohol, and driving it on the road without a median line prior to the D convenience point in C when fasting, as described in paragraph 1, led to turn to the left from the edge of the bus terminal to the Fmiddle School.

Since there is a place where a commercial building or a house enters a side road after passing through the intersection, there was a duty of care to check pedestrians' walking and crossing and drive safely by examining the front side.

그럼에도 피고인은 술에 취한 상태에서 이를 게을리 한 채 막연히 진행한 과실로, 마침 피고인 진행방향 우측에서 좌측으로 도로를 횡단하려던 피해자 G(여, 14세)의 좌측 허리 및 골반 부분을 모닝 승용차의 우측 앞 휀다 부분으로 충격하고, 그 충격으로 피해자가 우측으로 튕겨 이동하면서 도로 연석 부분에 우측 발등 부분을 충격하게 하였다.

The Defendant, by the foregoing negligence, sustained injury to salt, tension, etc. in need of treatment for about three weeks, left the scene without immediately stopping and taking necessary measures, such as providing relief to the victim.

(i) the evidence;

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