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서울남부지방법원 2019.01.10 2018고단5356
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Act”) committed a two-lane one-lane from the side of the D Middle School to the coast by driving a two-lane, while under the influence of alcohol concentration of blood alcohol at 00:30 on August 22, 2018.

At the time, there was night and there was an intersection where signal lights are installed in the front door, so there was a duty of care to safely operate the driver of the vehicle by accurately operating the steering and steering gear in a clear spirit.

Nevertheless, the Defendant neglected to do so and was negligent in driving brealy, and due to the negligence of driving brealy, and was driven by the victim E(23 years old) who stops in the signal atmosphere from the bend to the signal atmosphere, and received the part concerning the breac vehicle behind the Defendant’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and, at the same time, did not immediately stop the damaged vehicle and run away without taking necessary measures, such as providing relief to the victim, even though the damaged vehicle was damaged to a considerable amount of KRW 971,056.

2. Around 00:30 on August 22, 2018, the Defendant was driving a B-low-scale car at approximately 2 km from the G apartment in the direction of alcohol concentration of 0.154%, to the underground parking lot of the same Gu, from the G apartment in Ansan-gu G apartment at approximately 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Statement of the police statement of E;

1. Report on the statement of the state of primary drivers, report on the state of primary drivers, report on blood alcohol appraisal, and report on primary drivers;

1. Blukbbox cream;

1. A medical certificate;

1. Application of the written estimate statutes;

1. The provisions of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;

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