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(영문) 제주지방법원 2019.06.21 2018고단2745
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 7, 2018, at around 01:35, the Defendant driven the said car while under the influence of alcohol of 0.131%, and led the road near Jeju City to the speed of 20km from the surface of the D Co., Ltd. building to the surface of the Gdo Sports Park.

At all times, crosswalks are installed on the front side, and the defendant found that the victim E (the age of 24) crosses the above crosswalks to the right side from the left side, so the defendant has a duty of care to temporarily stop the above crosswalks to pass through or yield the course to the victim.

Nevertheless, the Defendant neglected to pass the crosswalk while under the influence of alcohol and proceeded with before the victim completely passes the crosswalk, and received the victim's right-hand arms with the right-hand side part of the said car.

Ultimately, even though the Defendant was negligent in the above occupational negligence to inflict bodily injury on the right side and the elbow part of the elbow part which requires medical treatment for about two weeks, he immediately stopped and escaped without taking measures such as aiding the victim.

2. The Defendant violated the Road Traffic Act (MM3 driving) driving a BM3 vehicle while under the influence of alcohol 0.131% of alcohol concentration at approximately 600 meters from the road near “G” located in “G” at the time of the presentation of the time set forth in paragraph (1) to the point of departure again via the road set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the field map, the site photograph, the site photograph, and its surroundings;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, the results of the crackdown on drinking driving, and the investigation reports (report on the state of drinking drivers);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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