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(영문) 창원지방법원 거창지원 2017.05.19 2017고단44
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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. On December 4, 2016, the Defendant: (a) driven a D SP car under the influence of alcohol concentration of 0.086% on the roads in C front of the Gyeong-gun, Chungcheongnam-gun; (b) around December 23:5, 2016, while under the influence of alcohol level of 0.086% in blood.

2. The Defendant is a person who drives D SP car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the Medition Prize) and the Road Traffic Act (or the United States after the accident).

On December 4, 2016, the Defendant driven the said car under the influence of alcohol level of 0.086% from blood alcohol level around 23:55 on December 4, 2016, and continued to drive the said car at a speed of about 40 km from the side of the gas station to the speed of about 30 km from the speed of 5 km.

At the time, there was an intersection at which vehicle traffic is frequent at the night, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to go through the intersection from the left-hand side of the Defendant’s running direction to the right-hand side by negligence while neglecting the influence of alcohol, and received the part of the Defendant’s driving in front of the Defendant’s vehicle behind the right-hand side of the FNA No. 24 ) driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, destroyed damaged vehicles so that repair expenses equivalent to KRW 5,198,928, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and records and photographs of the scene of the traffic accident;

1. A medical certificate;

1. Making teas;

1. Inquiries into the results of regulating driving of drinking, notification of the results of regulating driving of drinking, and driver of drinking;

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