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(영문) 대전지방법원 홍성지원 2016.11.30 2016고단579
특정범죄가중처벌등에관한법률위반(도주차량)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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving a rocketing car;

On April 2, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.214% at around 22:00 and led the E-art front road D at Bocheon-si to a speed of about 50km from the west-si to the Cheongpon Elementary School.

At the time of night, there was a place where the front door door was flowed and there was a center line of yellow solid lines installed, so in such a case, there was a duty of care to live the front door well for a person engaged in driving of a motor vehicle, and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line with the Defendant’s vehicle by neglecting it, and the victim’s Gone Star car driving driven along the opposite direction in the passenger vehicle of the Defendant was driven by the Defendant’s passenger vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F, such as light salt in need of approximately two weeks of medical treatment, and suffered injury to the victim H, who is the dong passenger of the said Lone Star car, about two weeks of medical treatment, as well as the injury to light salt, etc., which requires approximately two weeks of medical treatment. At the same time, the Defendant, while destroying the said Lone Star car to make it repaired, did not immediately stop and escape without taking measures such as aiding the victims.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.214% at the time and place specified in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. The report on the actual condition of traffic accidents, on-site photographs, investigation reports (Evidence List Nos. 9), notification of the results of the drinking driving control;

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