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(영문) 창원지방법원 통영지원 2017.10.26 2017고단1051
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a benz car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (or after an accident).

On June 5, 2017, the Defendant driven the said car under the influence of alcohol level of 0.168% among blood transfusions on June 23:15, 2017, and proceeded at a speed of about 50 km per hour at a speed of about 50 km in the city, depending on the surface of the high-speed city located in the front of the Gyeong-gun of the Gyeongnam-gun of the Gyeongnam-gun of the city.

At the time, it was difficult to view at night, so in such a case, there was a duty of care to prevent traffic accidents by accurately operating the front door and the right and the right and the right of the driver of the motor vehicle, and by accurately operating the operation of the brakes and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, did not discover the E K7 car of the victim D(45 tax) who was stopped in order to wait for signal at the front of the direction of the Defendant’s running, due to negligence while driving in the influence of alcohol, and received the back part of the damaged car with the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim FF (hereinafter referred to as “F”) who was on board the said D and its vehicles by each of the above occupational negligence to inflict injury upon each of the 3 weeks of light salt, tensions, etc. in need of medical treatment, and, at the same time, did not immediately stop the vehicle and escape without taking necessary measures, such as providing relief to the damaged party, even though the damaged vehicle was damaged by the 2,499,363 won.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven B benz automobiles under the influence of alcohol with 0.168% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. A report on the occurrence of a traffic accident, an investigation report on the actual condition of a traffic accident, an accident scene photograph, and a report on the detection of a primary driver;

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