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(영문) 창원지방법원 통영지원 2016.09.28 2016고단1002
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment”), and violation of the Road Traffic Act (hereinafter referred to as “Aggravated Punishment”), by driving a Gyeongnam Bunst car around 20:15, and making a left turn to the national highway from the third apartment bank of the apartment, taking into account the crossing of the D front distance in the 14th city at the Gyeongnam Bunst car, to turn to the left.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive a parked motor vehicle without shocking the parked motor vehicle by accurately operating the steering direction and brake system while driving the motor vehicle.

However, the Defendant’s negligence while driving in the state of alcohol level of 0.162%, which led to a collision between FK3 driver’s license and the pent part of the Defendant’s car operation of the FK3 driver’s license owned by the Defendant, with the Defendant’s pent part of the G (55 years old) driver’s license and the pent part of the Defendant’s car operation of the G (55 years old) which continued to stop, conflict with the Defendant’s pent part of the pent part.

In sum, the Defendant 1 suffered injury to the Victim G who was in the said carhouse driver’s seat on the job as above and the victim I (the age of 56) who was in the said car driver’s seat on the job as well as the catal catum that should be treated for about two weeks, and at the same time, the Defendant 3 car was damaged to repair the car and cat 2,500,000 won, and the car was parked without taking necessary measures, such as immediately stopping the car and aiding the damaged person.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a Gyeongnam-free vehicle under the influence of alcohol leveling of about 0.162% from the front of the restaurant in the Gambak-gu, Gyeongdong-si, Gambro, Kim Jong-dong, which is located in the Gambro-si, Gambro-si, Seoul, to the 150-1nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver in charge;

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