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(영문) 대전지방법원 홍성지원 2019.09.11 2019고단452
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Non-accident after Accidents) are engaged in driving of automobiles.

On April 12, 2019, the Defendant driven the said vehicle at a speed of 70-80km/h, driving the said vehicle at a speed of 70-80km/h while under the influence of alcohol concentration of 0.135% in front of the D Elementary School in Chungcheongnam-gun, Chungcheongnam-gun.

At the same time, the passage of the vehicle is frequent by the one-lane road, and at the same time, it was difficult to secure the view.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, shall not drive a motor vehicle under the influence of alcohol, and shall not drive a motor vehicle under the influence of alcohol, and shall have a duty of care to report the traffic situation on

Nevertheless, the Defendant neglected this and went into operation in the state of alcohol as above, and went back to the left side of the victim FF(59 years old)'s Gwing and Ⅲ 1 ton cargo vehicle in the same direction, and went back to the front right side of the above passenger vehicle, and continued to proceed, and reconvened about 380 meters prior to the front side of the above passenger vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim FF to suffer injury, such as salt, tension, etc., in need of a medical treatment for about one week, and at the same time, left the scene without taking necessary measures, such as providing relief to the victim, reporting, etc., even if the said cargo vehicles are damaged to cover repair costs of approximately one hundred and sixty million won in total.

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