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(영문) 청주지방법원 2017.01.10 2016고단1650
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in Cart XG.

On May 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.110% in blood around 05:05, while driving the said car in the influence of alcohol content of 0.110%, and, instead of Cheongju-si, the Defendant continued to drive the road of 132-lane 4 lanes in front of the Soak field Park at a low speed from the right edge of the Yung-gu.

Since there is a shooting range in which signal lights are installed, the driver of the motor vehicle has a duty of care to live well on the front side and the left side of the motor vehicle and to operate the brake in a safe way by accurately manipulating the brake system.

Nevertheless, the Defendant failed to discover the E-T-M vehicle of the victim D(33 ) who was waiting to turn to the left at the front of the vehicle due to negligence, while neglecting this, and received the back part of the damaged vehicle due to the driver's front of the vehicle.

Ultimately, the Defendant: (a) by occupational negligence, committed an injury to the victim D, such as catum and catum base in need of approximately three weeks of treatment; (b) sustained injury to the victim F (F) of the damaged vehicle, catum and catum base in need of three weeks of treatment; and (c) committed an injury to the victim F (F) of the damaged vehicle for about 9,347,954 won of repair cost, and (d) escaped without immediately stopping the damaged vehicle and without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts (the point of non-measures after an accident).

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