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(영문) 대전지방법원 천안지원 2019.04.26 2019고단261
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are the drivers of B body-wide car driver.

On November 20, 2018, at around 05:10 on November 20, 2018, the Defendant driven the above vehicle while under the influence of alcohol with 0.160% of alcohol concentration, and led to the left left-hand turn in front of the Seodaemun-gu, Seoan-gu, Seoan City to the speed of the speed of the citizens' culture center in the direction of printing and printing.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly operate the operation and steering gear at the front section of the same lane without accurately operating the operation and steering gear, and led the victim D (In this case, 43 years old) who was in the atmosphere of the signal at the same lane to the front section of the Defendant’s driving vehicle.

The Defendant, by negligence in the course of performing such duties, sustained injury to the victim, such as catherum, salt, tension, etc. requiring treatment for about two weeks, and at the same time, destroyed damaged vehicles to cover repair costs of KRW 3,11,878, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. Around 05:10 on November 20, 2018, the Defendant driven the above 3km car volume while under the influence of alcohol content 0.160% at the construction free parking lot located in the Dong-nam-gu, Dong-gu, Dong-gu. from the G clubs near the G clubs located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the construction free parking lot in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H 1.

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