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(영문) 대전지방법원 홍성지원 2014.10.07 2014고단355
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The accused is a person engaging in driving of CK7 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On May 12, 2014, the Defendant driven the above K7 vehicle at a speed of about 40km in the speed of 10km from the grriside to the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do.

At the time, the vehicle was stopped on the right side of the defendant's moving direction, and therefore, the driver of the vehicle was obliged to thoroughly and safely operate the vehicle as a driver of the vehicle.

Nevertheless, the Defendant neglected this and negligently driven a vehicle while under the influence of alcohol without being able to keep it properly, and led the victim D (I, 52 years old) who was standing on the right side of the horse in front of the course of the collision to the right side of the above K7 car.

As a result, the Defendant suffered multiple scambling cases requiring treatment for the victim about two weeks by occupational negligence as above, and at the same time, the above SM5 vehicle was damaged by the repair cost of KRW 1,319,675 and escaped without taking measures such as aiding the victim by stopping the vehicle immediately.

2. 도로교통법위반(음주운전) 피고인은 위 제1항 기재 일시경 혈중알콜농도 0.151%의 술에 취한 상태로 충남 서천군 서천읍 사곡리에 있는 ‘훌랄라치킨’ 앞 도로에서부터 같은 읍 군사리에 있는 금강부페 앞 도로까지 약 1km 구간에서 위 제1항 기재 승용차를 운전하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The actual condition survey report;

1. The circumstantial statement report of a host driver, response to requests for appraisal (A), internal investigation (Calculation of the Tramark Act) and the report on detection of a host driver (OO No. 41 of the Market Price Code).

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