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(영문) 춘천지방법원 2018.09.06 2018고단704

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

The defendant is a person who is engaged in driving a B-learning car.

On June 15, 2018, at around 21:47, the Defendant driven the said vehicle under the influence of alcohol content of 0.190% at the front of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, with a view to normal operation due to alcohol concentration of 0.190% in blood, and was in a matb from the room of red tax office.

At that time, since there is no signal signal, a person engaged in driving service has a duty of care to safely operate a motor vehicle by checking whether there is a motor vehicle passing through the intersection, such as reducing the speed or temporarily suspending the motor vehicle before entering the intersection, and entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant was unable to drive a car normally due to the negligence of entering the intersection through which the Defendant was negligent, and the victim D (42 east, n, n) who was going to the surface of the modern apartment in the meteorological observation station in the direction of the weather observation station, was driven by the Defendant’s front part of the left part of the E-V-V cruise vehicle that was driven by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, suffered from a spatitis that requires treatment for about two weeks, but did not immediately stop and take necessary measures, such as aiding the victimized person, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the traffic accident report, actual condition survey report, field photo, processing table of the 112 reported case, report on the detection of a primary driver, report on the circumstances of the primary driver, investigation report, diagnosis report, investigation report (report on the circumstances of the primary driver), and report on investigation (CCTV image, etc.);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) concerning criminal facts.