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(영문) 창원지방법원 2018.12.19 2018고단2801
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On May 18, 2018, the Defendant, who is engaged in driving of BWz C200 automobiles, driven the said car while under the influence of alcohol level of 0.159% in blood at around 03:25 on May 18, 2018, and led the intersection of the Agricultural Technology Center at which the window of Changwon-si is located at the window of Changwon-si, to turn to the left from the intersection of the scirth to the scirroid.

At the time, there is an intersection where signal lights are installed at night, and in such a case, there was a duty of care to prevent accidents in advance by driving a motor vehicle driver by reducing speed and driving a signal well.

However, the Defendant neglected this and neglected to turn to the right side of the car driving by the victim C (I, 44 years old) who was placed in accordance with normal signals at the opposite lane due to the negligence of disregarding the vehicle signal and left to the left, and was driven by the Defendant on the right side of the car driving.

As a result, the Defendant suffered damage to the victim for about six weeks of medical treatment due to the above occupational negligence, and at the same time, destroyed the above M& car to the extent that it would be scrapped, but the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A survey report on actual conditions;

1. Notice of the result of crackdown on driving drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing a certificate of automobile cancellation registration;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after causing occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after causing damage to goods), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. The crime of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes") is committed.

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