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(영문) 의정부지방법원 2017.04.14 2017고단376

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") and a violation of the Road Traffic Act (after an accident) is a person engaged in driving of a motor vehicle B-

On December 29, 2016, the Defendant, while under the influence of alcohol 01:05, 0.149% during blood, driven the said car at a speed of about 60 kilometers in speed from the string distance, driving the said car at a speed of 0.149%.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to thoroughly see the front-round city in the driver of the vehicle and to prevent accidents due to the center line from being observed well.

Nevertheless, the defendant neglected this and caused the damage to the left-hand part of the DNA car driven by the victim C(50) who had driven a normal lane due to the negligence of driving a central line due to the negligence of the defendant.

Defendant 1 suffered injury to the victim, such as salt and tensions that require approximately three weeks of medical treatment due to such occupational negligence, and at the same time, the damaged vehicle was damaged to fall within KRW 2,304,586, and the damaged vehicle was immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol by 0.149% during the blood alcohol concentration from the 4 kilometer section from the front of apartment complex to the front road of the rewing at Guri-si in the Guri-si, Namyang-si, Chungcheongnam-si, a day specified in paragraph (1) of this Article, in a state of under the influence of alcohol by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual investigation report on traffic accidents;

1. On-site photographs and photographs of the accident scene;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Each police statement protocol with respect to E and C;

1. A medical certificate;