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(영문) 수원지방법원 2020.10.16 2020고단4781
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

1. A person who has violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (unnecessary Measures after Accidents).

On June 28, 2020, at around 20:40, the Defendant driven the said car with a blood alcohol concentration of 0.328%, and proceeded with the south village distance of 5, as the sex of Osan City, from the cromatic bank to the yellow view.

At the time, it was an intersection where signal lights are installed at night, so in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering direction and brake system of the motor vehicle and to operate the motor vehicle safely by making the front left and right well.

Nevertheless, under the influence of alcohol, the Defendant got off the left side of the victim D (Nam, 34 years old) drive E, which was in the atmosphere of the signal on the road facing the direction of the course by negligence, while in flight, and was in front of the right side of the said Aburged vehicle.

Ultimately, the Defendant, by such occupational negligence, got the victim to receive treatment for about two weeks, and the victim suffered injuries, such as an unknown situation and a pelvis part, etc., and, at the same time, escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the victim, even though it damages the said vehicle to the extent that it would amount to approximately KRW 715,269.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a vehicle with a blood alcohol concentration of about 0.328 percent in the section of about 3 kilometers from the G road in front of the G road in Olsan City, to the H road in front of the same city at the time and time as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of D's statement, and a photographic image data related to an accident site report;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving and the site for a freeter;

1. A medical certificate;

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