(영문) 의정부지방법원 고양지원 2018.06.14 2017고단3372

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(영문) 의정부지방법원 고양지원 2018.06.14 2017고단3372

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 motor vehicles C.

1. On September 30, 2017, the Defendant: (a) was driving a rash vehicle while under the influence of alcohol content 0.122% in the direction of approximately 200 meters, i.e., 123 meters from the front side of the restaurant located in the ancient-si, Gyeyang-gu, Gyeonggi-do, without obtaining a driver’s license on around 07:05, Sept. 30, 2017; and (b) was driving the rash vehicle under the influence of alcohol content 0.122% in the blood.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) (hereinafter referred to as the “Aggravated Punishment, etc.”) the Defendant driving of the rash vehicle above the starting point indicated in paragraph (1) at the speed of 123 degrees from the front of the map park, which is 37 degrees 123 degrees above the said shocking route, led to the speed of the lux high school from the front side of the new lux elementary school

A person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle while under the influence of alcohol.

Nevertheless, the defendant neglected this and caused the victim D ( South, 41 years old)'s bicycle driving in front of the above radar by negligence while driving under the influence of alcohol.

Ultimately, even though the Defendant suffered injuries, such as salt tensions, tensions, etc. in the front part of the light that requires approximately two weeks of medical treatment by occupational negligence as above, the Defendant fleded without taking necessary measures, such as providing relief to the injured party by immediately stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. Witness D's testimony;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Investigation report (those E and telephone conversations);

1. A investigation report (Perusal of CCTV for crime prevention around an accident site);

1. A medical certificate;

1. License register;