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(영문) 창원지방법원 밀양지원 2020.06.11 2019고단616
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 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 a BM7 car.

On November 14, 2019, the Defendant driven the said car with a 0.116% alcohol concentration 0.16% under the influence of alcohol on November 14, 2019, and led it to the E-section from D room to E-section, depending on the two-lane road near C in the fastyang-si.

At the time, since it is difficult to secure the view of the motor vehicle as night, there was a duty of care to view the front door in a clear mind as a person engaged in driving the motor vehicle, maintain the safety distance between the motor vehicles, and accurately manipulate the brake system, thereby preventing the accident.

Nevertheless, in order to avoid this, the Defendant’s negligence of driving a vehicle while neglecting the influence of alcohol while driving, found that the victim F.(39 years of age) who was driving normally along a single lane from the front side of the Defendant at the right side of the Defendant at late later, the Defendant met to the right side and re-enters to the right side of the passenger car, and received the said freezing part at the left side of the Defendant’s passenger car.

Ultimately, while driving a motor vehicle under the influence of alcohol, the Defendant: (a) caused injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks; (b) at the same time, the Defendant immediately stopped the said freezing vehicle in order to bring about KRW 5,886,600, but did not take necessary measures, such as providing relief to the victim; and (c) escaped from the scene without immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a survey report on actual condition, an accident image photograph, a notification of the results of the control of drinking driving, a report on the situation of a drinking driver, a medical certificate, and a estimate for damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 (1) of the Criminal Act and Article 268 (1) of the Criminal Act on the crime committed.

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