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(영문) 대전지방법원 2018.12.20 2018고단3874

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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. The Defendant is a person who is engaged in driving a B car with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury) and the violation of the Road Traffic Act (the injury).

On September 3, 2018, the Defendant driven the above car on September 22, 2018, and driven it in the middle-gu, Daejeon, with a three-lane from the four-lane boundary to the one-lane boundary. The Defendant proceeded along the two-lane two-lanes from the two-lane boundary to the one-lane boundary.

At that time, traffic has been controlled by traffic signal apparatus, and in such a case, the defendant, who is engaged in driving a car, has a duty of care to prevent the accident by driving the car in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the right side of the victim C(50) driving at the right side of the car, which was going to the left in accordance with the straight line in the front side of the passenger car, from the mathal, due to the negligence of proceeding in violation of the signal, and received the front part of the above car siren car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the light of the trend requiring approximately two weeks of medical treatment, and at the same time, destroyed the said mixed car to have approximately KRW 11,983,960 of the repair cost, and escaped without taking necessary measures, such as providing relief to the injured party.

2. The defendant, who violated the Road Traffic Act (refluence of drinking), driven a motor vehicle while under the influence of alcohol, such as smelling and snicking from the G belonging to the department of the F department of the Police Station of the Daejeon Middle-gu Police Station, who was called out after receiving a report 112 on the front road, due to his/her escape as described in the above paragraph (1).

The measurement of drinking shall be conducted by inserting the whole in part of a drinking measuring instrument for about one hour due to reasonable grounds to determine a seal.