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(영문) 대전지방법원 2020.05.21 2020고단573
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

To the extent that the defendant does not have any substantial disadvantage in exercising his/her right of defense, part of the indictment was revised.

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 in B.

At around 00:55 on January 12, 2020, the Defendant, while under the influence of alcohol of 0.062% of blood alcohol level, continued to proceed to the intersection of the Daejeon Seo-gu Daejeon-dong, Chungcheongnam-dong, Chungcheongnam-dong, Daejeon-dong, to the mountain-do, where he was discharged from active service.

Since the above intersection was installed with a red on-and-off signal, there was a duty of care to prevent traffic accidents by making a person engaged in driving a motor vehicle temporarily stop according to the new code, and by safely checking the left and the right.

Nevertheless, the Defendant, in violation of this, continued to proceed as it is, received the front part of the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant suffered injury to the victim E (ma, 38 years of age), F (n, 35 years of age) who boarded the said low-priced vehicle due to the above occupational negligence, by causing about two weeks of medical treatment, and at the same time, did not take necessary measures, such as immediately stopping the vehicle owned by the victim E to cover repair costs of KRW 3,144,260 of the market price, while destroying the vehicle owned by the victim E and leaving the vehicle immediately to rescue the victims.

2. The Defendant, at the time and place specified in Paragraph 1, driven a vehicle B under the influence of alcohol with a blood alcohol level of 0.062%.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to C, E, and F;

1. Each written diagnosis (number 22,24), written estimate;

1. A traffic accident report and the victim;

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