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(영문) 대전지방법원 천안지원 2017.05.25 2016고단2663
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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. The Defendant is a person who is engaged in driving a vehicle with C high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.)

On November 7, 2016, 22:40 around 22:40, the Defendant came to turn to the left the right at about 40km from the same room of the Ministry of Labor to the airside of the two high schools.

At the time, the driver was at night and at the same time, and there was a duty of care to prevent accidents by driving safely by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this, while driving the said vehicle under the influence of alcohol level of 0.098% in blood and left left at the left, received the front part of the E-to-be driven by the victim D (34 tax) who was driven by the two sides of the two east-dong Ministry of Labor in Sungdong Samsung Samsung, as the Defendant was negligent and driving the said vehicle on the left.

The Defendant, due to such occupational negligence, sustained injury to the victim, such as salt ties, tensions, etc. of the 1,805,000 won of repair expenses, and attempted to flee without stopping the above lebba while destroying the leba and immediately stopping the leba, thereby providing relief to the victim.

2. 도로 교통법위반( 음주 운전) 피고 인은 위 1 항의 일 시경 천안시 서 북구 두정동에 있는 ‘ 푸줏간’ 식당 앞 도로에서부터 같은 구 쌍용동 월봉 청 솔 아파트 102 동 앞 주차장까지 약 1.5km 구간에서 혈 중 알코올 농도 0.098% 의 술에 취한 상태로 위 싼 타 페 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. On-site and photographs of damaged vehicles;

1. The circumstantial report of the driver employed at the main place;

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

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