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(영문) 대전지방법원 천안지원 2017.04.27 2017고단445
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant shall drive a car frequently or frequently.

On January 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.146% among blood transfusions on January 29, 2017, and proceeded two-lanes of the two-lanes of the Northwest-gu C front of the Seoan-gu, Seoan-gu, Seocheon-gu, as a pair of underpasses from the two sides.

On the other hand, there are an intersection and crosswalk where signal lights are installed, so in such a case, the automobile driver has a duty of care to observe the signal and to drive the crosswalk while checking whether there is a pedestrian.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look of pedestrians, and took the front side of the Defendant’s driving car in front of the right side of the victim D (the age of 19) who dried the crosswalk in accordance with the pedestrian signals when he was negligent in driving in contravention of the signal.

After all, the Defendant, by such occupational negligence, caused the victim to suffer knee knee in need of approximately two weeks of treatment, but failed to immediately stop and take necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (D, E);

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. A report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, and rough map;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act, the type 1 of escape after traffic accident (the injury caused by death).

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