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(영문) 의정부지방법원 고양지원 2020.04.17 2019고단3680
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three 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 (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) were a person engaged in driving of Bk5 motor vehicles on November 3, 2019, who was under the influence of alcohol of 0.158% of blood alcohol concentration on November 3, 2019, while driving two-lanes on the two-lanes of local highway 230-2 of 56 local highway Dobriririri-ri, Dari-ri, Giju-ri, Yan-ri, a person who was under the influence of alcohol due to occupational negligence and was negligent in performing the duty of Jeonju-ri in performing so, and the Defendant shocked the victim C (C(43 years old) driver to the front

The Defendant, through such occupational negligence, suffered from crypitiss requiring treatment for about two weeks, and immediately stopped after destroying approximately KRW 7,280,000 for the repair cost of vehicles and escaped without taking necessary measures, such as aiding the victims.

2. On April 26, 2019, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Goyang branch court of the Jung-gu District Court on March 26, 2019.

The Defendant, as mentioned in the preceding paragraph at the same time and at a place as mentioned in the preceding paragraph, operated Bk5 car while under influence of 0.158% alcohol concentration, thereby violating the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Detailed statement of the circumstances of a drinking driver, and written notice of the result of drinking control;

1. A copy of the medical certificate and each description of the investigation report (to hear statements of the victim);

1. Previous records of judgment: Application of each Act and subordinate statute of criminal records, reply, and summary order;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Road Traffic Act concerning criminal facts.

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