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(영문) 전주지방법원 정읍지원 2018.07.03 2018고단16
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle with the horses of E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment

On December 21, 2017, the Defendant driven the said car under the influence of alcohol level of 0.166% among blood transfusions on December 21, 2017, and continued to drive the said car at a speed of 0.16% prior to G stores in F in the previous Eup/Eup/Myeon, at which the speed of time cannot be known from the two mouths to the air protection area of the said elementary school.

At night, the Defendant was at night, and the Defendant had a duty of care to secure and proceed with the safety distance that would have been avoided when the Defendant stopped from the victim H(31) in the same direction. As such, the Defendant had a duty of care to ensure the safety distance that would have been avoided when the vehicle driver stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said vehicle in the vicinity of the foregoing vehicle and received the rear part of the vehicle in front of the vehicle driving by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment, and at the same time, escaped without any necessary measures, such as aiding the damaged person by immediately stopping, even though the cost of replacing the victim’s custody was damaged to the extent of KRW 300,000,000 of the cost of replacing the victim’s custody.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle E at the horse level while under influence of 0.16% alcohol concentration in blood at the time and place set forth in paragraph 1, as stated in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

1. A written diagnosis, an examination and treatment set, and a written estimate;

1. The statement of the victim with respect to the pain and treatment of cambbling images (hereinafter referred to as the “cambling”).

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