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(영문) 제주지방법원 2020.10.21 2020고단1186
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Around 03:00 on October 25, 2019, the Defendant driven a F rocketing car with a blood alcohol concentration of at least 0.03% from the section of about 5km to the front of the D apartment in Seopo-si, Seopo-si, the Defendant’s residence, through a place of accident described in paragraph (2) from the front of the C merchant store in Seopo-si, Seopo-si, the Defendant used the F rocketing car with a blood alcohol concentration of at least 0.03%.

2. Violation of the Aggravated Punishment Act on Specific Crimes (Bodily Injury) is a person who is engaged in driving a Frocketing car.

On October 25, 2019, the Defendant driven the above car at a crosswalk in front of the H bank located in Seopopo City G with a blood alcohol level of at least 0.03%, while under the influence of alcohol level of at least 0.03%.

At the time, there are nights, and there is a crosswalk installed, so in such cases, the driver of the vehicle has a duty of care to reduce the speed of the driver and temporarily stop in front of the crosswalk, and then to confirm whether there is a pedestrian walking, there was a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to perform the above duty of care and received the front part of the victim J (J, 33 years old)’s right top part of the victim J (J,) who was standing the crosswalk as it is, instead of neglecting the above duty of care, from the Defendant’s operation.

Ultimately, the Defendant, by negligence in the course of performing such duties, committed an act of causing injury to the victim, such as cutting the bones of the bones, which requires medical treatment for about 14 weeks, and escaped without immediately stopping the victim and taking measures, such as rescuing the victim.

Summary of Evidence

1. Defendant's report on his legal statement, oral statement, and oral statement;

1. A report on internal investigation of the police statement to J (e.g., securing and capturing images of the accident and attaching them), and a report on internal investigation (e.g., tracking lines of the accident-affected vehicles and capturing the suspect's walking condition);

1. Application of Acts and subordinate statutes of the victim J diagnosis report;

1. Criminal facts;

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