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(영문) 청주지방법원 2017.06.02 2017고합48
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 11, 2016, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.156% among the blood transfusion around 11:10 on November 11, 2016, and led the two-lanes of the front road of the Cheongju-si located in D in a considerable area of the Cheongju-si to the unbrupted surface from the Cheongju-si.

On the three-lanes at the time, the Victim F(65) G bargaining cars are proceeding in the same direction. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the steering gear and operating it in a safe way while living well on the right and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to perform his duties at the time of the preceding week, and failed to accurately operate the steering wheel and brakes, and was negligent in driving the flaging car as it is, and received the part before the flag of the flag.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer from the fluoral fumum in need of treatment for approximately two weeks, and at the same time, avoided the said fluoral passenger car without immediately stopping the said car, without taking necessary measures, such as providing relief to the victim, even though it damages the property to the extent that the amount equivalent to KRW 1,405,622 is equivalent to the repairing cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the report on the circumstances of the driver in charge, the report on actual condition, the report on the scene of the crime, the examination of the scene of the mandatory insurance (Evidence No. 10), the medical certificate of injury, the estimate, the response to the request

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident), Articles 148-2 subparag. 2 and 44 of the Road Traffic Act.

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