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(영문) 춘천지방법원 2018.07.04 2017고단502
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod vehicle of C. C.

On January 13, 2017, the Defendant driven the said car with alcohol content of 0.077% in blood around 20:47, while driving it, and proceeding the two tunnels front of the road 60.8km in the area of the movable property in Chuncheoncheon-si, Seoul, the Gun of 2 tunnels at the point of 60.8km in Seoul, the Chuncheon Highway, Seoul, into the two-lane in the area of Hongcheon ICT, and changed the lanes into the one-lane.

At the time, since the driver is at night, there was a duty of care to safely drive by checking the right and the right and the right of the driver when changing the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane as it was, and was driven by the victim D (71 tax) who was proceeding one lane in the same direction. The Defendant received the front right side part of the ENAS car, which was driven by the victim D (71 tax), following the left side part of the said ENAS car.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim F.F. (27) who was aboard the said No.N. No.N. car due to approximately two weeks of treatment, such as salt, tension, etc., and at the same time, destroyed the said No.N. car due to the repair cost of KRW 936,718, without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the scene of a traffic accident, the report of a traffic accident (1) (1) (2) (2) (report of a traffic accident, the report of a traffic accident, the photograph of cell phone phone phone calls of a suspect, the medical certificate (F), video recording device video CDs, the investigation report (the extent of damage to both vehicles), the estimate of automobile inspection equipment, the written response to an appraisal request (the degree of damage to both vehicles), the inquiry of the results of crackdown on drinking driving, the investigation report (the distance of escape), and the report of an investigation (the report of a 112 reported phone number);

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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