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(영문) 대전지방법원 2018.01.29 2017고단4442
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 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. Around 18:45 on September 15, 2017, the Defendant driven a motor vehicle with alcohol content of about 3.95 km from a 3.95 km section from blood to a d restaurant located in C, on the road in front of the stable in the operation of the Defendant in Class C, around 18:45 on September 15, 2017, while under the influence of alcohol by 0.067%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) and violation of the Road Traffic Act (after the accident), the Defendant is a person engaging in driving a car in the E SP area.

On the same day as Paragraph 1, the Defendant, while under the influence of alcohol, driven the said car, and driven the road in front of the D cafeteria in C, in the front of the D cafeteria in C, with a one-lane from the parallel of the common gate to the parallel of the Do, at the speed of about 30 km from the parallel of the Do.

Since the place is where the center line of yellow solid lines is installed, in such a case, there was a duty of care to avoid spreading the center line when it is likely to obstruct traffic in the opposite direction to a person engaged in driving service.

Nevertheless, for the purpose of overtaking the victim F(58) Gwn in the front line and the third cargo vehicle, the Defendant neglected this and proceeded with the center line to the opposite line, but discovered the unexpected vehicle coming from the center line and returned to the original line, and received the left-hand loaded part of the damaged vehicle that was going on the left-hand side of the Defendant’s vehicle as the front right-hand side of the vehicle.

The Defendant, by the above occupational negligence, sustained injuries to the salt pans and tensions that require approximately two weeks of treatment to the victim, and at the same time, did not immediately stop the damaged vehicle and escape without taking measures such as providing relief to the damaged person, even though the damaged vehicle was damaged by non-repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report and the scene of an accident;

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