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(영문) 전주지방법원 2019.06.14 2019고단15
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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. The Defendant is a person who is engaged in driving freight vehicles B and B.

On September 2, 2018, the Defendant driven the above vehicle at around 19:17, and proceeded with a one-lane near D located in the Gannam-gun C, Jeonbuk-gun, in a strong slope from the lava.

At the same time, he was a road that obstructs the night-time view at the time of the length of the bend and bend, and thus, the driver had a duty of care to prevent accidents by accurately manipulating the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant did not discover the victim E (ma, 44 years old) who walked on the same right side of the same direction as that of the defendant's vehicle due to the negligence of neglecting it while under the influence of 0.125% alcohol level, and did not discover the victim E (ma, 44 years old) and shocked the left side of the victim due to the vehicle's right side hurbr part.

The Defendant, due to such occupational negligence, committed an injury to the left-hand part of the victim, which requires medical treatment for about six weeks, but failed to immediately stop and take necessary measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving) at least KRW 30 km from the street in front of the G cafeteria in the former North Korean-gun F, to the I parking lot located in the former North Korean-gun H while under the influence of alcohol 0.125% of the blood alcohol level at the time and time specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of each traffic accident, actual condition investigation report, and evidence and photographs of the scene of the traffic accident;

1. A written order from a host driver, a notice of completion of correction, and a statement on the status of a host driver;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to report internal investigation (related to additional drinking of a suspected suspect, and the drinking part of a suspect);

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

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