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(영문) 춘천지방법원 2019.05.28 2019고단233
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving service of BM7 automobiles;

On January 8, 2019, at around 07:55, the Defendant driven the above vehicle while under the influence of alcohol of 0.086% of the blood alcohol concentration, and led to turn to the left from the intersection of the Dong-dong Public Security Center in front of the Do-dong, Myeon-dong, which is located in 394, Thyeong-ri, Thyeong-dong, to C elementary school.

Since the location is a intersection with frequent traffic, there was a duty of care to check the traffic situation of the intersection and safely turn to the left prior to the left of the vehicle's driver, and to prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop to turn to the left without examining whether a vehicle passes through the intersection and went to the left as it is, the victim D (W, age 2) driven in the opposite lane to the opposite intersection was able to go to the front part of the vehicle operated by the defendant's vehicle, and the damaged vehicle again received the front part of the vehicle by the defendant's vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require medical treatment for about two weeks, and at the same time, immediately stopped and escaped without taking necessary measures, such as providing relief to the victim, even though the repair cost equivalent to KRW 1,795,946 caused damage to the damaged vehicle due to the repair of the front driver of the vehicle.

2. On January 8, 2019, the Defendant, at around 07:55, driven a BM7 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.086% from the section of about 2km from the front of the F apartment at the Gangwon-si to the place where an accident described in the preceding paragraph occurred to the front of the said F apartment again, via the place where the accident described in the preceding paragraph occurred.

Summary of Evidence

1. The defendant's oral statement;

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