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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2284
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (domain prize) and a violation of the Road Traffic Act (after an accident) shall drive a truck frequently or frequently.

On September 2, 2017, the Defendant driven the above cargo vehicle around 19:30, and proceeded two lanes in front of the shooting distance in the Asan City, Asan City, by using the two-lane roads in front of the shooting distance in the Asan City.

A driver of a motor vehicle has a duty of care to operate the brake at an appropriate time so that the motor vehicle is stopped due to a new sign.

Nevertheless, under the influence of alcohol as stated in Paragraph 2, the Defendant was negligent in neglecting such duty of care, and the Defendant was sent in front of the Defendant, waiting at the Defendant’s front bank and standing, followed the Defendant’s driver’s set-off car, and then received the part of the Defendant’s driver’s vehicle in front of the Defendant’s freight.

In this accident, the victim C and the victim E (the age of 58) who is the passenger of the above-learning passenger car suffered injuries, such as crums and tensions, which require approximately two weeks medical treatment, and the above flading passenger car was 2,525,169 won.

However, the defendant was born from the above cargo vehicle, and did not take measures such as aiding the victims, and again boarded the cargo vehicle and escaped from the vehicle.

2. On September 2, 2017, the Defendant: (a) driven a freight vehicle B in the section B 2km of about 2km to the shooting distance near Asan-si, an Asan-si, under the influence of alcohol content of 0.199% in blood around Sep. 19, 2017; and (b) on the roads near Asan-si, an Asan-si, an Asan-si, in the influence of alcohol content of around 0.199%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (C);

1. A written statement on the occurrence of a traffic accident;

1. A traffic accident report;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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