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(영문) 부산지방법원 동부지원 2016.11.28 2016고단1706

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 of the CM5 vehicle.

1. Around 03:00 on July 4, 2016, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of about 0.113% from the section of about 5 km from the front of the alleyter located in the Southern-gu Busan Metropolitan City, to the front road of the Jin Mando, located in the same Dong-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") set forth in the preceding paragraph, the Defendant driven the said car at a speed that would not be known by two-lanes of the three-lanes of the two-lanes of the two-lanes from the surface of the new line loan to the surface of the same high-speed road located in

At the time, there was a situation that the accident was not secured due to late night hours and rain, so in such a case, there was a duty of care to prevent in advance the accident by driving safely, such as reducing speed and accurately manipulating the steering direction, brakes, etc. by properly examining the traffic situation.

Nevertheless, the Defendant neglected this and neglected to change the course to the left-hand side of the car and received the part adjacent to the driver's seat of the car in question from the rear side of the vehicle, which is driven by the victim D(39 years of age) who is proceeding one lane from the latter side of the vehicle.

Ultimately, the Defendant, by negligence in the course of performing such duties, caused the above victim to suffer injury to the salt of the Y, etc. in need of treatment for about two weeks, and, at the same time, escaped without taking necessary measures such as aiding and abetting the victim, even though 8,730,480 won, such as exchange of the above panion, was damaged by the victim F, the victim F, the F, and immediately stopped the cargo of the above benz, which was owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police with D.