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(영문) 대전지방법원 천안지원 2017.01.13 2016고단2366
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the measures not yet taken after the accident).

On September 3, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.287% in blood around 02:45 on September 3, 2016, and proceeded with three-lanes of the street in the Yananan-gu, South East-gu, Seoan-si, the other three-lanes of the street in front of the street in the Yan-gu, Naman-gu.

Since the location is an intersection where signal lights are installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right of the front and to prevent accidents by driving the motor vehicle safely in accordance with signals.

Nevertheless, the defendant, by negligence in violation of the signal, was left to the left from the view of the victim C(38 Dose driving) to the view of the measure source at the luth of the luth luth in the luth luth luth of the red luth, he received the front part of the driver's seat of the cargo vehicle even in the column where the defendant was driving.

As a result, the Defendant driven the said vehicle in a state where normal driving is difficult due to influence of drinking, thereby resulting in the victim’s chill and tension in light of the influence of drinking, and at the same time, destroyed the said damaged vehicle to have approximately KRW 2,459,69,690, and escaped without taking necessary measures, such as providing rescue to the injured party, while immediately stopping the said vehicle.

2. Violation of the Road Traffic Act (drinking driving) driving a bcoon in the section of approximately 3 km from the date and time set forth in paragraph (1) at a place, while under the influence of alcohol with 0.287% of alcohol during blood, the Defendant driven a bcoon in the section of approximately 3 km from the front day of the residents’ meeting on the road in the south-gu Nandong-dong-dong in the same new sub-dong-dong to the road in the same new sub-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Police in relation to C.

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