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(영문) 춘천지방법원 2021.01.27 2020고단1197
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of 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 (or the award) is a person who is engaged in the operation of B windowatom car.

On September 29, 2020, the Defendant driven the above vehicle while under the influence of alcohol level of 0.103% from the blood alcohol level of around 21:10 on September 29, 2020, and proceeded to turn to the left at the court level from the private distance range of the DNA road located in Chuncheon City C.

The driver of any motor vehicle has a duty of care to properly report signal apparatus to the intersection and proceed in accordance with the signals as instructed by signal apparatus, and to prevent any accident by paying attention to whether a pedestrian is on the crosswalk.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the straight-line signal, and received the parts of the victim F(7) who was walking along the crosswalk from the front slope of the E,00 west by the fault of failing to turn to the left, depending on the crossing crossing the crosswalk to the intersection, with the direction of the front top of the Defendant’s vehicle.

Ultimately, even though the Defendant suffered from a elbow blue blue with the victim's occupational negligence, the Defendant immediately stopped and escaped without taking relief measures, etc., even though he/she received approximately two weeks of elbow blue care.

2. On September 29, 2020, the Defendant was driving a B window with alcohol level of about 0.103% from the side road from September 29, 202 to the front road of the G Defendant’s house at the same time from the side road to the side road from September 21, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and a survey report on actual condition;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty) and the Road Traffic Act.

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