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(영문) 대전지방법원 천안지원 2018.05.25 2018고단607

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 9, 2018, the Defendant was in violation of the Road Traffic Act (driving of alcohol) and the Defendant was in violation of the Road Traffic Act, and was in violation of the Act on March 22 and 32, 2018, 3 69 in the north-gu, west-gu, west

From the front of the Jeju Island to the road located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Dollalet 32, a car was driven by Cenz Mts350 while under the influence of alcohol content of about 0.173% during blood in the section of about 5km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and violation of the Road Traffic Act (after an accident), the Defendant is a person engaging in driving of Cenz ML350 automobiles.

On March 9, 2018, the Defendant driven the said vehicle on the first side of the two-lane Dok-do 2nd two lanes from the front side of the white-do 3rd-do 69, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, in order to drive the said vehicle on the first side of the white-do 3rd-do 3rd 3rd 69.

At the time, a signal has been installed at night and at that time, so the driver of the motor vehicle has a duty of care to prevent the accident in advance by safely driving the motor vehicle, such as making the front door well, operating the steering gear accurately, etc.

However, the Defendant neglected to do so and was negligent in proceeding while under the influence of alcohol content 0.173% in blood while driving, and received the part behind the victim D's automobile, which was in the atmosphere of the said Benz's waiting signal, with the front part of the said Benz's car.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking measures such as providing relief to the injured party by immediately stopping the car, even though it damages the car to be repaired in 2,760,844 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, an investigation report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident and a statement on the circumstances of the driver

1. Notification of the results of crackdown on driving under drinking;