(영문) 청주지방법원 충주지원 2017.06.02 2016고단1014

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(영문) 청주지방법원 충주지원 2017.06.02 2016고단1014

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight 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. On November 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Road Traffic Act (hereinafter referred to as the “Non-compliance”) committed a two-lane road in the vicinity of D in Chungcheongnam-si with alcohol concentration of 0.166% while under the influence of alcohol on November 5, 2016.

At the time of night, since it was difficult to see at night, there was a duty of care to prevent accidents by driving safely, such as reducing speed and accurately operating the steering direction and brake system, while driving a motor vehicle with a duty of care.

Nevertheless, the Defendant, while neglecting such duty of care, was negligent in driving on the right side by changing the lane into the two-lanes of the same direction, received the back part of the left side of the vehicle in body from the victim E (36 ) who was driving in the same direction as the two-lanes of the same direction, into the front side of the vehicle in body.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence. At the same time, the Defendant failed to immediately stop and stop the vehicle to the extent that the repair cost is 856,130 won, such as correction of the back fences, and escape without taking measures such as providing relief to the victim.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the above C high-speed car while under the influence of alcohol content of about 0.166% in the 3km section from the front of the subordinate apartment in the Geum-dong, Chungcheongnam-do at the time of the day specified in paragraph 1 to the front of the 753-31st road in the Chungcheong City via the place specified in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. E, .

참조조문

-특정범죄 가중처벌 등에 관한 법률

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