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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1401
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles B;

On March 24, 2019, the Defendant driven the said car at around 20:26, and led to a change of course into three-lanes while driving the four-lanes in front of the U.S. C Officetel in the Goyang-gu, U.S., U.S., U.S., in order to make it difficult to identify the blood alcohol level.

In such cases, the driver has a duty of care to accurately operate the steering gear and brakes, to take the front and rear side of the course, and to change the course.

Nevertheless, the Defendant neglected to do so and neglected to change the course of the Plaintiff’s vehicle due to the negligence of changing the course of the instant three-lanes, and received the back part of the victim E(the age of 28)’s driving on the left side of the said three-lanes as the front door of the said vehicle.

As a result, the Defendant suffered from an injury to the victim, such as catitiss, which requires two weeks of treatment by occupational negligence as above, and at the same time, destroyed the said damaged vehicle to the extent that it is equivalent to KRW 1,962,356, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victim.

2. Around 20:55 on March 24, 2019, the Defendant was required to respond to a drinking test by inserting the breath of alcohol in a breath on three occasions for about ten minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face of the Defendant from the H (H) belonging to the Busan Western Police Station, which was reported 112 on the ground of the accidents described in paragraph (1) and having been called out on the ground of the accident described in paragraph (1).

Nevertheless, the defendant refused to do so and the police officer without any justifiable reason.

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