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(영문) 춘천지방법원 영월지원 2017.02.07 2016고단485

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of 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 a rash car B.

1. On September 24, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize Prize) driving the said vehicle on the front of the Si-young apartment located in Taecheon Apartment-ro, Taecheon-si, 171, and subsequently driving the said vehicle on the front of the Si-gu apartment in Taecheon apartment-ro, thereby driving the said vehicle on the front of the Si-gu apartment.

At the time, a pedestrian crosswalk is installed at night and there is no signal signal at that place, so the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brake and other devices of the motor vehicle for the person engaged in the driving of the motor vehicle, and to properly look at the traffic situation of the electric, rear, left, and well, to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, due to the negligence of neglecting this, the Defendant received the right side part of the victim C ( South, 17 years old) who crosses the road from the rear side of the Defendant vehicle to the Do, from the rear side of the vehicle.

Ultimately, even though the Defendant suffered multiple scambling scamblings, etc., which need to be treated for two weeks due to such occupational negligence, the Defendant stopped immediately and escaped without taking measures, such as providing relief to the injured party.

2. On September 24, 2016, the Defendant driven the said car under the influence of alcohol level of about 0.056% from the 4km section of the yellow land, which was around 0.056% of alcohol level in alcohol level, after passing through a road in front of the 171 Sim apartment at the same time from the front of the Tae-si, Tae-si, Tae-si to the same hour, and passing through a road in front of the 171 Sim apartment at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act concerning facts constituting an offense;