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(영문) 제주지방법원 2018.09.03 2018고단444
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2018, the Defendant driving a B Spo-type vehicle with alcohol content of 0.115% in the blood transfusion around 02:30, while under the influence of alcohol, and driving a two-lane road in front of C in Jeju, one lane in the vicinity of the private distance to be linked from the seat of the Grand hotel.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely, such as accurately manipulating steering devices, brakes, etc. while living well on the right side.

Nevertheless, the Defendant neglected this and found it late to stop in front of the crosswalk by the victim D (38 cc) moving ahead of the same lane, and operated the Hand on the right side in order to avoid this, the Defendant received the part on the right side of the Gstststststa vehicle owned by the victim F, which is parked on the two-lane, as the part on the right side of the Defendant’s vehicle, and received the said part on the right side side of the said Lone Star Hand vehicle as the front side of the Defendant’s vehicle.

The Defendant: (a) by such occupational negligence, thereby causing injury to the victim D, such as culp salt, which requires approximately two weeks of treatment to the victim D; (b) the victim H (V, 48 years of age) who is the passenger of the said Lone Star vehicle, each of the injury to the culp base, etc. requiring approximately two weeks of treatment; and (c) at the same time, the said Lone Star vehicle was 3,031,818 won, such as the exchange of Lone Star vehicle, etc.; and (d) the said Lone Star vehicle was damaged to damage the said stru vehicle to KRW 2,518,58 won, such as Lone Star vehicle exchange, after the left-hand side, and escaped without taking measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. An accident scene photograph;

1. Application of each quotation and each written diagnosis to Acts and subordinate statutes;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act.

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