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(영문) 전주지방법원 2018.01.09 2017고단1904
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and violation of the Road Traffic Act (non-measures after the accident) is a person who is engaged in driving a B car.

The Defendant, at around 23:50 on July 15, 2017, driven the said car and proceeded to the front apartment of the village located in the five apartment complex of the peaceful Jeju-ro, which was located in the apartment complex of the 5th city of peace. On July 15, 2017, the Defendant stopped the vehicle at the entrance of the apartment complex of the above Pudong-gu, and was later

In such cases, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving of a motor vehicle has a motor vehicle or any other obstacle in the rear.

Nevertheless, the Defendant neglected to do so and neglected to stop in the lower end of the said car car, which the victim C (58 years old) was driving at the lower end of the said car.

The Defendant, by such occupational negligence, committed an injury to the victim C in light of the crupt and the crupted base for approximately two weeks of treatment, and committed an injury to the victim E (61 years of age) and F (52 years of age) who was on the crupted crush in the said crush, without taking measures such as aiding the damaged person by stopping immediately, even though he/she suffered an injury to the crupted crue, tensions, tensions, etc. for about two weeks of treatment.

2. On July 15, 2017, the Defendant: (a) driven a B car under the influence of alcohol level of about 0.153% from the 1km section of approximately 1km to the roads of peace 1st, located in the Yansan-dong, Jeoncheon-gu, Jeonju-si, to the roads of peace 1stm in the same Dong, around July 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act.

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