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(영문) 대전지방법원 2017.12.08 2017고단2410
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-3 car.

On June 15, 2017, the Defendant was under the influence of alcohol content of 0.184% during blood transfusions, and the Defendant driven the said vehicle and driven the said vehicle at a speed of about 70 km from the direction of the margin to the direction of the direction of the change, along with the parallel distance of 1005 in Seo-gu, Seo-gu, Daejeon, Seo-gu.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and neglected the vehicle stop signal, but neglected it as it was, and instead neglected it, received the part adjacent to the left side of the victim D(37 Do) driving of the victim D(37 Do) who was straight from the right side of the Defendant’s running direction to the left side, and received the Defendant’s front part of the 3rd passenger car.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as cerebrovasty in need of medical treatment for about three weeks, suffered injury to the victim F (F (F) who was on board the said rocketing car and the victim G (V, 28 years old), respectively, for about three weeks of medical treatment. At the same time, 6,461,25 won of repair cost, such as gate exchange, did not stop a traffic accident that causes damage to the said rocketing car to the extent of 6,461,25 won, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. A survey report on actual conditions;

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

1. Each written diagnosis and written estimate;

1. CCTV;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 subparag. 1 of the Road Traffic Act (hereinafter “Road Traffic Act”) regarding criminal facts as to each of the pertinent Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes (after the accident).

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