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(영문) 청주지방법원 충주지원 2018.09.14 2018고단339
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. The Defendant is a person who is engaged in driving service of the MF5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On May 22, 2018, the Defendant driven the above car at around 20:30, and driven the road of 247-lanes in the west-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and the two-lanes in front of the towing distance, along the one-lanes from the direction of the large-wing distance to the local community center.

At the time, the signal was installed at night and at that time, so there was a duty of care to prevent accidents in advance by driving safely a person engaged in driving a motor vehicle by accurately operating the steering direction and the steering system by checking well the right and the right and the right of the motor vehicle.

Nevertheless, due to the negligence that the Defendant was under the influence of alcohol and neglected to neglect on the front side while neglecting the operation of the brake system accurately, the Defendant received the back part of the EM car driven by the victim D (V, 38 years old) who was stopping on the front side of the Defendant’s driving vehicle for the signal waiting.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment by occupational negligence as above, and escaped without taking necessary measures, such as aiding and abetting the damaged party while destroying the repair cost of KRW 497,748.

2. On May 22, 2018, the Defendant: (a) driven a vehicle as stated in the foregoing paragraph (1) while under the influence of alcohol content of approximately 0.089% from the 300 meters section of alcohol level to the road, from the road near the sea-bed in the Chungcheongbuk-si, Chungcheongnam-si; (b) through the place specified in the foregoing paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of crackdown on driving under drinking;

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