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(영문) 대전지방법원 서산지원 2017.03.23 2016고단784

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

1. The sentence against the accused shall be ten thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM7 car.

On October 17, 2016, the Defendant driven the said car under the influence of alcohol level of 0.168% during blood alcohol level from 18:45 on October 17, 2016, and led the road of four-lanes in front of the tower 2-5, Jin-si, Mann-si, to the direction of one-way course on the right side of the train.

Since there is an intersection where signal lights are installed at the front door, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and checking whether there is a vehicle parked in the signal atmosphere, etc. for the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not look well at the front door and proceeded as it is, by negligence, got off the front door of the victim E(SM7) driving, which is parked in the atmosphere in the signal signal signal at the inside the bend part of the Defendant’s driving.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and at the same time, destroyed the said A-to-purd vehicle to have an amount equivalent to KRW 2,085,268 of its repair cost, and escaped without taking necessary measures, such as stopping and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An inspection report on the actual condition, each on-site photograph, and the leakage of CCTV images;

1. The application of Acts and subordinate statutes to the detailed statement of the situation of the driver placed in the main place, the specifications of automobile maintenance;

1. The point of escape after an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act with respect to the criminal facts: The point of non-measures after an accident under Article 148 and Article 54 (1) of the Road Traffic Act: Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act;

2. The Commercial Concurrent Crimes Act.