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(영문) 창원지방법원 마산지원 2018.09.11 2018고단409
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a three-dimensional motor vehicle.

On November 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.135% among blood alcohol level on 23:51, 2017, and driven from the northwest-gun, west-gun, west-gun, Busan, the 96.7km away from the Jinju to Busan, along the three-lanes from the Jinju-gun, Busan, the Defendant turned back the back of the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant, by such occupational negligence, committed the injury to the victim F.F., victim G (n.e., 11 years old), victim H. (n., South and 8 years old) who was on board the victim D and the said A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Copies of each medical certificate for D, F, G, and H;

1. Written estimate;

1. The actual survey report and photographs related to traffic accidents;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act applicable to the facts constituting an offense, respectively, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, Article 54 (1) of the Road Traffic Act, as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (or Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (or Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and crimes of violation of Road Traffic Act (or measures not yet taken after an accident) are committed against H with the largest

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