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(영문) 춘천지방법원 2015.11.13 2015고단806
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 12, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) by driving the said vehicle under the influence of alcohol concentration of 0.141% on blood alcohol level on July 12, 2015, led the Defendant to bypass the way ahead of the South Chuncheon river running in the decline of Chuncheon City by driving the said vehicle to a private distance range from the lowermost bank.

Since there were vehicles making a left-hand turn from the long distance protection to the long distance protection, there was a duty of care to make a right-hand turn in such a case after checking the traffic situation of the intersection while temporarily stopping or slowly driving to the driver of the vehicle and checking the safety of the vehicle.

Nevertheless, the Defendant neglected this and found the victim B's CMF7 car that was left to the left in accordance with the new subparagraph of the vehicle at the far-ranged side of the efficial distance, and took a sudden action to avoid a collision, but did not avoid the situation, and received the above SMF7 car's right side part on the left side of the above AMF7 car.

Ultimately, the Defendant, by the above occupational negligence, suffered from the victim D, who was on board the above SM7 car, about two weeks of medical treatment. At the same time, the Defendant did not stop the above SM7 car to the extent that the repair cost is 460,106 won, and attempted to escape without taking necessary measures, such as aiding and abetting the victim, even though the repair cost is 460,106 won.

2. The Defendant was driving a vehicle under the influence of alcohol 0.141% as stated in the above paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement set forth in D and B;

1. A survey report (1), and (2);

1. Inquiry into the result of the crackdown on drinking driving;

1.Each.

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