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(영문) 청주지방법원 2020.03.31 2019고단2313
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 halog car.

On September 2, 2019, the Defendant driven the said car while under the influence of alcohol of 0.030% of blood alcohol concentration around 23:08, and continued to drive the said car along four-lanes in front of the D Cheongju-gu D Cheongju-gu Seoul Metropolitan City Cheongju-si, with four-lanes in the face of the Cheongju-si bus terminal located in the vicinity of the D Cheongju-gu Cheongju-si.

In the same direction as at the time, the victim E was followed by the F AD car driven by the victim E, so in such a case, the person engaged in driving service was well aware of the situation, and the person engaged in driving service has a duty of care to secure and proceed with the safety distance to avoid when the vehicle is driven or stopped.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and received the back part of the victim vehicle as the front part of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. by occupational negligence, which requires treatment for about two weeks, and, at the same time, did not take necessary measures, such as aiding and damaging the said car to cover KRW 4,371,270, and aiding and abetting the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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