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(영문) 대전지방법원 천안지원 2015.02.12 2014고단1680

특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving C Eth Motor Vehicles;

On September 24, 2014, around 23:35, 2014, the Defendant proceeded two-lanes of the Sinsan-gu Incheon Metropolitan City, Seocheon-gu, Seocheon-si, Seocheon-gu, Seosan-gu, Seosan-si, in accordance with the two-lanes of the Sinsan-si.

At night, at the time of the defendant's operation, the towing vehicle of the victim D(33 years old) is signaled and stopped on the left side of the front direction, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent the traffic accident in advance by driving the motor vehicle safely by driving the motor vehicle, such as checking the front right and the right and the right and the right and the right and the right and the right and the right and the right and the accurately

Nevertheless, the Defendant is under the influence of alcohol concentration of 0.236% while neglecting this while under the influence of alcohol.

The front left side of the defendant's vehicle was shocked to the right side of the towing vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the sculatory base that requires treatment for about two weeks, and at the same time escaped without immediately stopping the said towing vehicle and taking necessary measures, such as providing relief to the victim, even though the said towing vehicle was damaged to bring about KRW 10,376,482.

2. On September 24, 2014, at around 23:35, the Defendant violated the Road Traffic Act (driving a sound driving) operated a mast car under the influence of alcohol with a blood alcohol concentration of about 0.236% through a section of approximately 2.5 km from the upper end of the route of the projected bridge in the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon to the front end of the Medrri-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Sung-dong

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on the occurrence of a traffic accident, on-site photographs, photographs of the vehicles and damaged vehicles, field map, site map, red appointment report on the driver, and the report on the actual status of the driver;

1. A medical certificate;