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(영문) 전주지방법원 2018.01.23 2017고단1935

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

On August 14, 2017, around 22:40, the Defendant proceeded from the enclosed bank to the front bank in the two lanes between the two lanes.

Since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents in advance by thoroughly operating the front time and accurately operating the steering and brake system.

However, while under the influence of alcohol, the Defendant neglected to drive the vehicle at the discretion of the Defendant, due to the negligence of driving the vehicle at the discretion of the victim D(38 ) who was under the influence of the vehicle at the front of the Defendant’s vehicle, and the rear part of the victim’s E-rayed vehicle at the front of the vehicle at the front of the vehicle at the front of the Defendant’s impact, and due to the shock, the Defendant got the victim F(27 years old), who was under the influence of the vehicle at the front of the vehicle at the front of the vehicle, to receive the rear part of the vehicle at the victim’s Hah-man’s (27 years old) which was under the influence of alcohol, and caused the victims H(25 years old), who was the passenger at the front of the vehicle at the front of the vehicle at the front of the vehicle at the influence of the Defendant’s discretion, and did not take measures to repair the vehicle at the same time for approximately two weeks to take about two weeks’ treatment, such as 60 Do 867,750.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of victims;

1. The actual investigation report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Three copies of a medical certificate;

1. Application of Chapter II Acts and subordinate statutes to written estimates;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment