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(영문) 대전지방법원 서산지원 2019.10.23 2019고단262

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving a e-cub vehicle B.

On September 23:15, 2018, the Defendant driven the above Acccccus car in the state of alcohol concentration of 0.184% on the three-lane road at the 270.9 KK km on the west Coast Highway at the Scoo-si, Scin-si, Scin-si, Scin-si, the Defendant continued to drive it in the right direction in the right direction.

In this case, the defendant, who is engaged in driving, did not drive under the influence of alcohol, has a duty of care to properly see the front side and the right and the right and the right, and to prevent the accident by driving the steering and the brakes in accordance with the traffic conditions.

그럼에도 불구하고 피고인은 이를 게을리한 채 술에 취한 상태에서 조향 및 제동장치를 제대로 조작하지 못한 과실로 에쿠스 승용차를 운전하다가 중앙분리대를 들이받고, 3차로로 튕겨져 나간 후 차량을 갓길로 빼거나 비상등을 켜는 등의 조치를 취하지 아니하여 3차로에서 같은 방향으로 진행하던 피해자 C이 운전하는 D 6.5톤 트럭으로 하여금 우측 앞 범퍼 부분으로 에쿠스 차량의 운전석 뒷 범퍼를 들이받고, 이어서 중앙분리대를 충격하게 하였다.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as fiber Fluor, fiber Fluor, etc., which requires approximately four weeks of medical treatment. While destroying approximately KRW 37,791,820 truck with approximately 6.5 tons of the above 6.5 tons of truck, the Defendant went away from the site without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 148 of the Road Traffic Act concerning the crime.