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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1252

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to imprisonment for one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Support on November 8, 2016, and was sentenced to two years of suspended execution, and the said judgment became final and conclusive on November 16, 2016 and is still under suspended execution.

In addition, on April 1, 2015, the defendant was sentenced to a fine of KRW 4 million for a violation of road traffic law in the support of the Daejeon District Court on April 1, 2015, and has two times the history of drinking crime.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person who drives a passenger car in B at the horse.

On January 6, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.134% during blood transfusion 00:15, and driven the above vehicle at a speed of 14% toward the south-gu network of the south-gu in the inananan City, on the other hand, two-lanes in front of the 3-lane of the entrance distance at the south-gu in the south-gu, Seoan City, along that of the two-lane.

Since there are lots of crosssections and vehicles are standing due to signal signal atmosphere, the driver of the vehicle has a duty of care to prevent accidents in advance by securing safety distance with the front line vehicle and driving it in good manner.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty at the front time, failed to secure a safe distance, and was driven by the victim C (56 Do) who was standing ahead of the Defendant’s driving, and received the back part of the amount of the DNA car driven by the victim C (56 Do).

The Defendant, by negligence in the above occupational negligence, suffered from the injury of light finites, etc. in need of treatment for about two weeks, but failed to immediately stop and take measures, such as providing relief to the injured party.

2. Violation of the Road Traffic Act (drinking driving) by Defendant is located in the front of Samsung Bio Building in the south-gu New-dong-dong-dong-dong, Nam-gu, Nam-gu at the same time in the direction of the Dong-dong-dong-dong Eup network.