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(영문) 대전지방법원 홍성지원 2015.07.15 2015고단366

특정범죄가중처벌등에관한법률위반(도주차량)등

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

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

The defendant is a person who is engaged in driving a B M& car.

On April 3, 2015, the Defendant driven the said car under the influence of alcohol level of 0.136% on blood alcohol level around 21:40 on April 3, 2015, and led the Defendant to turn to the left at a speed of about 40km from the direction of Asan to the budget 40km.

Since the location is an intersection where signal lights are installed, there was a duty of care to confirm whether a person engaged in driving service has a vehicle passing through an intersection and to drive safely in accordance with the signals.

그럼에도 피고인은 이를 게을리 한 채 신호를 위반하여 좌회전한 과실로 마침 반대방향에서 신호에 따라 진행하던 피해자 C(41세)이 운전하는 D 엑티언 승용차의 좌측 앞바퀴 부분을 위 마티즈 승용차의 좌측 앞부분으로 들이 받아 그 충격으로 위 엑티언 승용차가 우측으로 튕겨 나가면서 우측 대각선 방면 도로변에 세워져 있던 신호등 기둥을 들이받게 하였다.

Ultimately, the Defendant by such occupational negligence caused the injury to the injured party C, such as satise and tensions, which require approximately two weeks of medical treatment, and the injury to the injured party E (the aged 45) who was accompanied by the above X-L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C), a medical certificate (E);

1. A motor vehicle estimate;

1. The signal cycle tag (the distance of one-rigracy);

1. A traffic accident report;

1. A written report on his/her driver;

1. On-site photographs;

1. SPS (CCTV image (accident));

1. The report of internal accidents (the signals at the time of the accident) shall be applied to the legislation.