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(영문) 춘천지방법원 2018.03.21 2018고단69
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended 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 service of the PM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the non-accident after the accident).

On December 18, 2017, the Defendant driven the said car under the influence of alcohol content of 0.228% during blood transfusion 0.228% on December 18, 2017, and led the Defendant to proceed under the influence of one-lane from the room of a forest park in which the two-lane roads in front of the secondary apartment located in Chuncheon-ro 104-1, a flown-lane.

At the time, the victim D(44) driving E in front of the vehicle in which the defendant was driving, and therefore, the driver had a duty of care to prevent accidents by accurately manipulating the steering direction and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving the vehicle, was faced with the front part of the Defendant’s vehicle, following the right part of the said vehicle by negligence.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as fluoral salt, etc. requiring treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the injured party by immediately stopping, even though the said f41,438 won was damaged to repair the said fluorial car.

2. The Defendant violated the Road Traffic Act (drinking) driving a CM5 car under the influence of alcohol content of about 0.228% in a section of approximately 6km from the 104-1-dong 1st underground parking lot located in the same city-based 104-1 in the solar apartment 104-1, a jun-dong 101-dong 100-dong 1000-dong 100-dong 100-dong 100-dong 10-dong 10-dong 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report (1) (1) a traffic accident report, (2) a traffic accident report, and photographs related to a traffic accident, video recording devices, video CDs, video recording images.

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