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(영문) 청주지방법원 2017.01.26 2016고단1633
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a chip) (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), driving the said vehicle around 16:40, while under the influence of alcohol by 0.193%, while driving the said vehicle, the Defendant proceeded with the two-lane high-speed roads of the two-lane 854, in the flow of Cheongju-si, Cheongju-si, in the flow of Cheongju-si.

At the time, the Defendant, prior to the same direction, was followed by the DNA X-ray vehicle driven by the victim C (at the age of 45). In such a case, the Defendant, who is engaged in driving service, had a duty of care to prevent the accident from spreading, such as taking a well-grounded situation, securing a safe distance with the vehicle running ahead of it.

Nevertheless, the defendant neglected this and fested the back part of the X-ray vehicle as the front part of the car due to the negligence of driving excessively close to it.

Although the Defendant, by negligence in the above occupational negligence, suffered from an injury to the victim, such as saved salt, tension, etc., the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party.

2. On June 1, 2016, the Defendant driven a B car under the influence of alcohol content of about 0.193% from the 6km section from the front of the Taesan apartment located in the 20-ro, Cheongju-si, Cheongju-si, Cheongju-si, to the front road located in the 854-ro, Nowon-gu, Cheongju-si, Cheongju-si, while under the influence of alcohol content of about 0.193%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1) (2) (2) and vehicle photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the occupational injury and actual injury) concerning criminal facts and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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