(영문) 대전지방법원 천안지원 2017.06.02 2017고단319

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자간(%)

(영문) 대전지방법원 천안지원 2017.06.02 2017고단319

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment 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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Aggravated Punishment, etc.") is a person who is engaged in driving of a car in C SP.

On December 22, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.133% among blood transfusion around 08:00, and driven the above vehicle toward the 0th mar distance from the side of Tweon Park in the south-gu Seoul Special Metropolitan City along the three-lane road in front of the D Building in the south-gu Seoul Special Metropolitan City.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as a person engaged in driving the motor vehicle, a person who is in charge of driving the motor vehicle, and a person who is in charge of driving the motor vehicle.

Nevertheless, the Defendant’s negligence, while neglecting his duties while driving, led to the shocking of the back part of the victim E (36 years old) driving which was standing in front of the Defendant, and caused this shock that led to the shocking of the vehicle of the above E driving, which was driven in front of the vehicle of the G(48 years old), which was parked in front of the vehicle, the lower part of the H Poter vehicle of the vehicle of the H Poter in front of the vehicle.

Ultimately, even if Defendant 1 suffered from the salt scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic to the above E due to occupational negligence, Defendant 2

2. On December 22, 2016, the Defendant was under the influence of alcohol level of 08:00, the Defendant driven a CSpo-type car in the 2km section from the front side of the Cspo-type cafeteria located in the Tspo-dong, Yan-gu, Yan-si to the front side of the CD building in the Nam-gu, Yan-gu, Yan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I, E, and G;

1. The actual survey report and each photograph;

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. The application of the law of the medical certificate.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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