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(영문) 춘천지방법원 원주지원 2017.05.18 2017고단237

특정범죄가중처벌등에관한법률위반(도주치상)등

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

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

1. Around 16:50 on February 9, 2017, the Defendant violated the Road Traffic Act (drinking) driven a CM5 car in the state of alcohol of approximately 0.129% of alcohol concentration in blood at the 1km section of approximately 1km from the vicinity of the Gandong shopping center located in the art center in the city of Hanju to the shooting distance of the old two apartment complexes located in the city of 494-1 in the south of the same city.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the measures not taken after the accident) led to the driving of the said car at the time of the above day, leading to the shooting distance of the old two apartment complexes located in the Guro 494-1 in the south of the city of the prime city, moving back from the front body of the river to the front body of the Guro 7th apartment bank.

In this case, the Defendant, who was engaged in driving of a motor vehicle, had a duty of care to properly operate the steering gear so that it does not interfere with the traffic of other vehicles, and make it safe bypassing the steering gear. However, the Defendant neglected this duty and neglected the duty of care to make it safe while driving a motor vehicle under the influence of alcohol, and failed to take necessary measures such as prompt stopping of the damaged motor vehicle without any damage, even though the Defendant was negligent in driving the motor vehicle under the influence of alcohol, and by grossly under the influence of driving the central line, and by negligence in the course of driving the motor vehicle under the influence of alcohol, the distance from the center of the center at the 7th apartment of the so-called Cheong-gu apartment apartment located on the surface of the victim D (28 years old) driving car driven from the front part of the driver's vehicle to the front part of the driver's vehicle. At the same time, the Defendant did not immediately stop and stop the damaged motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, inquiry into the results of crackdown on drinking driving, a report on the situation of driving at home, and a report on whether to drive any danger;