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(영문) 춘천지방법원 강릉지원 2016.11.09 2016고단1115

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2016, the Defendant, at around 20:55, driven a C mac car under the influence of alcohol with a blood alcohol concentration of 0.159% at the three kilometers from the road near the 301 Do in the vicinity of the Gatototon New-ro 93-8, Gangnam-si, the coast of Gangseo-si, to the 489 Dolle of the same city.

2. The defendant is a person who is engaged in driving a marina car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

The defendant driving the above car at the time specified in the preceding paragraph, and driving the two-lane of the two-lanes of the Hanne Elementary School in the 45 Haneung-si in the Haneung-si in the Haneung-si.

At night, the above road was driven by the victim D (the age of 52) at night, and the E K5 taxi vehicles parked and were in the atmosphere for signaling. In such a case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle, such as checking the front door and the left door, accurately operating the steering and brakes, observing the steering and brakes, etc.

Nevertheless, due to the negligence that the Defendant had been negligent in driving while under the influence of alcohol, the Defendant received the back part of the right side of the taxi vehicle in front of the left side of the vehicle of the Defendant.

Ultimately, the Defendant’s negligence in the above occupational negligence caused injury to the above victim D, such as salt, tensions, etc., in which approximately two weeks of treatment is required, and injury to the victim F (n, 42 years of age) who was on board the damaged vehicle, such as salt, tension, etc., in which treatment is required for about two weeks of treatment, and damage to the victim G (n, 39 years of age) who was on board the damaged vehicle with approximately two weeks of treatment.