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(영문) 대전지방법원 천안지원 2017.11.02 2017고단2081

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and a violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) is engaged in driving of B rocketing cars.

On August 27, 2017, the Defendant was driving a new apartment 102 front way of the new apartment 102, which is located in the 2358 hot spring in Asan City, Asan-si, around 18:19, and continued to drive the said car.

Since the place has a large number of vehicles and many parking vehicles in apartment houses, in such a case, there was a duty of care to take care of a person engaged in driving of a motor vehicle well, and to prevent accidents by properly manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the steering direction and operation devices, and was driven by the victim C (the 28-year old) (the 28-year-old) who was stopped on the front side of the vehicle driven by the Defendant, with the rear part of the vehicle driven by the Defendant in front of the vehicle driven by the Defendant. The Defendant was driven by the victim E Fpoter test owned by the victim E, and HSM (M) 5 automobiles owned by the victim, where the Defendant was parked on the right side of the driving direction.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in the competition that requires approximately two weeks of medical treatment, and at the same time, destroyed the said low-priced vehicle by KRW 812,315, and escaped without taking necessary measures, such as immediately stopping the said car and the said IM 5 car, even though it damages the repair cost.

2. On August 27, 2017, the Defendant was driving a B rocketing car under the influence of alcohol leveling of about 0.196% from the front side of 101 new apartment house 101 to the place indicated in the above paragraph (1), as a hot spring from Asan-si, Asan-si around 18:19 on August 27, 201.