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(영문) 의정부지방법원 고양지원 2019.02.15 2018고단2990
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

The defendant is a person who is engaged in driving a KS7 car.

1. On September 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Measures Taken after Accidents) driving the said vehicle under the influence of alcohol concentration of 0.149% on blood alcohol around 02:55, and driving the said vehicle under the influence of alcohol concentration of 0.149% on September 27, 2018, and driving the four-lane map in front of the intersection of the distance of Korean Ambassador of the meals Dong and Dong Dong-gu in Yongsan-gu in Yongsan-gu in the ancient city

In this case, the driver of the vehicle has a duty of care to observe the direction signal and to prevent the accident in advance by safely driving the driver of the vehicle.

Nevertheless, the defendant was under the influence of alcohol due to the negligence of the red fluor, and the victim C(22 years of age) driving at the opposite side of the defendant's vehicle that was left to the left in accordance with the new fluor, and was under the front part of the driver's vehicle in front of the driver's car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the light that requires treatment for about two weeks, and at the same time, destroyed the said Aburged vehicle owned by the victim to cover repair costs of approximately KRW 2,861,60, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant in the state of alcohol of approximately 0.149% of blood alcohol concentration at the section of about 10km at a distance of about 10km from the roads near the Hong-gu Seoul Mapo-gu Seoul Metropolitan Government Red Zone to the front road at the same time and at the same time as that of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Report on the circumstantial statements of a drinking driver and the result of crackdown on drinking driving;

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