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(영문) 창원지방법원 2018.05.31 2017고단3347

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent) is engaged in driving service of CPoter 2 cargo.

On August 21, 2017, the Defendant driven the above cargo vehicle at around 16:10, and became to turn to the left from the 3,000-dong 2nd-dong 3, Samcheon-ro, Jin-si, Changwon-si, 46-dong 2nd-dong 2nd-dong 3, 300.

Since there is an intersection, the driver has a duty of care to safely respond to the safety of the prior bank and to safely respond to the brakes, steering devices, etc. by accurately manipulating them.

While the Defendant was negligent in driving while under the influence of alcohol content 0.207% in blood while neglecting it, and was trying to shock and flee at the right edge of the road of the Defendant’s driving direction, the Defendant suffered from the injury of the victim, such as sM7 vehicle strings, which is owned by the victim D(54) who was parked at the right edge of the road of the Defendant’s driving direction, by shocking the string part of the eM7 car owned by the said victim, and caused the victim to undergo approximately 2 weeks medical treatment.

Nevertheless, the defendant immediately left the vehicle and did not take measures such as the situation of the victim, the removal of the danger, and the prevention of the secondary accident.

2. On August 21, 2017, the Defendant was driving the said C Pops under the influence of alcohol concentration of about 0.207% while under the influence of alcohol content 0.207%, without obtaining a driver’s license, from the front side of the 30-lane 18-ro, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, at around 16:10 on August 21, 2017 to the front side of the said 3-km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. The occurrence report, actual survey report, notification of the results of the crackdown on drinking driving, the ledger of driver's licenses for motor vehicles, and medical certificate applied by statutes; and