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(영문) 대전지방법원 천안지원 2019.09.26 2019고단1582
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving motor vehicles by B;

On June 21, 2019, while under the influence of 0.096% around 12:20%, the Defendant driven the said car and proceeded ahead of the bus stop for the sports complex located in the white-dong in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the situation of anti-traffic well and driving safely.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to drive the victim C(65 years old) who was under the influence of his or her duty to get off passengers due to negligence, and received the parts of the victim C(65 years old) from the left-hand side of the taxi, leading up to the right-hand part.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim E, who is a taxi passenger of the above victim C and the victim C driving (24 years of age), such as salt, tension, etc. in each of the two weeks of medical treatment, and at the same time, destroyed the victim’s taxi to repair costs equivalent to approximately KRW 7,663,808, but failed to immediately stop the taxi and escape without taking measures such as providing relief to the victim.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the front day of the Seogbuk-gu, Seoan-gu, Seoan-gu to the front day of the sports complex bus stop located in the same Gu, in the condition of under the influence of alcohol of 0.096% of the blood alcohol concentration in the temporary border under paragraph (1) of this Article, to the road of approximately 3.7 km from the 3.7km section.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report, actual condition survey report, report on the occurrence of a traffic accident, accident camera and photograph;

1. The ledger of the use of drinking-free measuring instruments, a notice of completion of correction;

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