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(영문) 창원지방법원 2017.06.22 2017고단1200
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The defendant is a person who is engaged in the duty of driving B knife 2 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or par value) and the violation of the Road Traffic Act (or measures not yet taken after an accident).

On March 20, 2017, the Defendant driven a above van on the 20:50 on March 20, 2017, and driven a two-lane road in front of the tunnels management office in the Changwon-dong, Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si, along two-lanes in front of the tunnels management office in Changwon-si, Changwon-si, and changed the lane into a one-lane.

On the one-lane of the above-mentioned road, the DB car driven by the victim C (V, 47 years old) is proceeding on the left-hand side of the defendant, and thus, the person engaged in driving service has a duty of care to operate the direction when changing the vehicle, give notice of change of course, and give notice of change of the vehicle in the right-hand side and right-hand side traffic, and to change the vehicle safely by making safe change of the vehicle.

Nevertheless, the Defendant neglected the alcohol and changed the lane to the right side of the victim's car that was proceeding along the one lane due to the negligence of changing the lane, and received the above side of the victim's right side as the left side side of the said combined vehicle.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as salt and tensions, which requires treatment for about two weeks, and at the same time, destroyed the repair cost of the said car to the extent that the repair cost of the said car would be equivalent to KRW 1,586,548, and escaped without taking measures, such as aiding the damaged person by immediately stopping the vehicle.

2. The Defendant was under the influence of alcohol with a 0.111% alcohol concentration in blood from a grasium at which it is impossible to find out the trade name located in the Sungsan-gu, Changwon-si, Changwon-si to the road before the management office of the tunnels of Changwon-gu, Changwon-si, the Defendant was driving the said grascul under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident (1) and reporting on a traffic accident (2);

1. The principal driver;

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