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(영문) 광주지방법원목포지원 2020.10.30 2020고단476
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 this judgment becomes final and conclusive.

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 the defendants engaged in driving motor vehicles B;

On March 9, 2020, at around 0:50, the Defendant driven the said car with the blood alcohol concentration of 0.221%, and changed the two-lanes into the breath section in the Sinpo-si-si-si-si. The Defendant was driving the said car on March 14, 202, along the two-lanes in the Sinpo-si-si-si-si-si.

Since there is a road where the passage of ditches is frequent, there was a duty of care to inform the driving employee of the motor vehicle of the direction by direction, etc. in advance and to change the lane safely by keeping the traffic situation before and after the passage.

Nevertheless, the Defendant, while driving a motor vehicle under the influence of alcohol and without properly examining the traffic situation on the left and right, went to two-lanes due to occupational negligence by the victim C(the age of 61) who was driving a two-lane due to the change of course on the left and right side of the motor vehicle.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim E (V, 60 years old), who is a passenger of the above victim C and the above E-cubs car, for about two weeks of medical treatment. At the same time, even if the above E-cubs car is damaged by the repair cost of KRW 193,298, it did not immediately stop to order the above E-cubs car to take necessary measures such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a B LV car from approximately 40 km to the Gamo road in the direction of 0.221% of alcohol concentration at a temporary border such as the above paragraph (1) at a level of about 40 km from the front of Mapo-si to the front of Gamo-si in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the occurrence of a traffic accident;

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