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(영문) 춘천지방법원 속초지원 2019.09.11 2018고단478
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is engaged in driving a B rocketing car.

On September 23, 2018, the Defendant driven the above vehicle on September 23, 2018, and led to the way from the port of port to the port of port to the port of port.

At the time, since it was difficult to have a new wall, there was a duty of care to prevent accidents by keeping the front left and right well in safe way for those engaged in the business of a motor vehicle.

Nevertheless, the Defendant, as described in the following Paragraph 2, went away without taking measures, such as providing relief to the victim, even though the Defendant received the victim’s body D (the age of 58) who is walking on the right side of the mast and suffered bodily injury, such as external cerebral cerebrovas, which requires a medical treatment for about six weeks, from the front side of the Defendant’s vehicle at the math of the mast, due to the negligence that the Defendant was under the influence of alcohol, and did not

2. Around 05:30 on September 23, 2018, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.073% at the 20km section from the front of the main place of drinking village in Seocho-si, Seocho-si to the front of the police box, along with the mouth of Gangwon-do, from the front of the police box, to the front of the police box, while under the influence of alcohol level of about 0.073%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, field map of a traffic accident, actual condition survey report, field photo of a traffic accident, notification on the results of the control of drunk driving, circumstantial report of a drinking driver, investigation report, investigation report, report on whether a driving is dangerous, report on the 112 reported case register, vehicle inquiry, internal investigation report (related to the receipt of an accident and the confirmation of CCTV at the site);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the Gu.

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