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(영문) 대전지방법원 홍성지원 2017.04.20 2016고정278
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the driver of a vehicle transporting livestock with C4.5 tons and is the person who is engaged in the driver's duty of the vehicle.

A. On May 17, 2016, the Defendant: (a) driven the above cargo vehicle around 08:50 on the 08:0 on May 17, 2016; and (b) carried out a scar in front of the police box in front of the luminous era show box located in the Chungcheongnam-nam Budget Unit; (c) on the scar in front of the police box in front of it.

At this point, it is a straight line of one lane.

In such cases, a person engaged in driving duty shall accurately operate the steering system, brakes, and other devices of the vehicle, and has the duty of care to prevent accidents by safely driving according to the road traffic situation and the structure and performance of the vehicle.

Nevertheless, the victim D (the remaining, 9 years old) who dried a road from the walk side of the walk stop, which was the left-hand side of the progress direction by neglecting it and neglecting it, was shocked with the front-hand side of the cargo vehicle driving by the defendant.

이로써, 피고 인은 위와 같은 업무상 과실로 위 피해자에게 약 2 주간의 치료를 요하는 발의 으깸 손 상의 상해를 입게 하였음에도 피해자를 구호하는 등 필요한 조치를 취하지 아니하고 그대로 도주하였다.

B. Around 08:50 on May 17, 2016, the Defendant was driving the said cargo in a state of approximately 0.096% alcohol concentration in the blood alcohol level from the section of approximately 1 km to the front of the agricultural warehouse in the Haak-gun, Chungcheongnam-gu, Chungcheongnam-gun, Seoul Special Metropolitan City on the same day, starting from around 08:55 to around 0.096% of the blood alcohol level in the front of the agricultural warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. On-site photographs;

1. A medical certificate;

1. On-site reports (verification of CCTV images);

1. A report on the detection of a primary driver;

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