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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1978
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

1. Around July 29, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) led the Defendant to drive B K5 cars while under the influence of alcohol leveling to 0.120% during blood transfusion on July 29, 2018, while driving B K5 cars in the influence of alcohol leveling to the right side on the two-lane road in Busan Suwon-gu C.

Although the above road has a duty of care to prevent accidents by driving the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E and the victim G (V, 29 years old), who is the passenger of the said victim and the damaged vehicle, by each two-day medical treatment, and at the same time, escaped without taking necessary measures by stopping the vehicle while destroying the damaged vehicle, such as destroying the salt and tension, etc.

2. On July 29, 2018, the Defendant was under the influence of around 19:10% of alcohol while driving a vehicle B K5 meters at the same Gu’s parking lot from the Do near the Y in Busan, and around 1.5km from the Do near the Y in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to the traffic accident report (1) (2) and the traffic accident report, the report on the occurrence of the traffic accident, the report on the detection of the driver at the main place, the report on the circumstances of the driver at the main place, the investigation report (the report on the situation of the driver at the main place), the photograph of the damaged vehicle, each

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act concerning the crime as provided in the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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