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(영문) 부산지방법원 서부지원 2018.03.08 2017고단1806
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and violation of the Road Traffic Act (after the accident) by the Defendant is a person who is engaged in driving of the B-C Nom

On October 9, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.127% during blood transfusions, and proceeded at a speed of about 80-90 km from the direction of the mouth tunnel, which is located in the Gucuk-gu School of Busan, to the intersection of the Gu Chwon at a speed of about 80-90 km from the direction of the Gucuk-gu, Busan.

At the time of night, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the victim C (V, 43 years old) driver's car to move back by shocking the victim C (V) driver's car.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires treatment for about three weeks by occupational negligence as above, and at the same time, did not take measures such as destroying the said M& car so that the repair cost would be 3.6 million won and immediately stopping, thereby aiding the damaged party, and escaped without taking measures such as aiding the damaged party.

2. On October 9, 2017, the Defendant, at around 01:00, driven a mixed-use car under the influence of alcohol content of about 0.127% in the section of approximately 68.8m of alcohol at around 02:0 on the same day from the front day of the ringk-dong, Seo-gu, Busan, Seo-gu, Seo-gu to the rest area of a stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (applicable to raise in the numerical value of measurement of suspect drinking);

1. Investigative reports (calculated expenses for repairing damaged vehicles);

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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