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(영문) 창원지방법원 진주지원 2017.08.23 2017고단362
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person engaged in driving a CP car.

On March 27, 2017, the Defendant, while under the influence of alcohol 0.106% during blood transfusions on March 19:55, 2017, driven the said car as the work in front of Sacheon-si D in Sacheon-si, and led to the flow of one lane from the direction of the f in Sacheon-si.

around that time, the Defendant had a duty of care to reduce speed and prevent accidents in advance by ensuring the safety distance with the vehicle ahead, because the HM5 taxi driving by the victim G (64) was under way. In such a case, the person engaged in driving of the vehicle was obliged to take a duty of care to prevent accidents in advance by properly examining the movement of the vehicle ahead.

Nevertheless, the Defendant neglected to ensure the safety distance with the vehicle ahead without securing the safety distance due to negligence in driving the vehicle ahead while under the influence of alcohol, which led to a shocking part of the front part of the vehicle in front of the said vehicle.

Defendant: (a) by such occupational negligence, the victim I (the 70-year-old age-old), who was aboard the cab as a customer, suffered injury, such as cage cage cages, etc., which requires approximately five weeks of medical treatment; (b) injury such as cage cages, etc., which requires approximately three-day medical treatment; and (c) at the same time, the victim J (the 70-year-old age-old age-old) suffered injury, such as dynaf, etc., which requires approximately three-day medical treatment; and (d) at the same time, the back cages, etc. of the cab were damaged to make it more than KRW 1,270,000, and escaped without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An accident scene photograph;

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

1. G, J, I

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 148-2 subparag. 2 and Article 44 subparag. 1 of the Road Traffic Act concerning criminal facts and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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