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(영문) 대전지방법원 논산지원 2017.05.23 2017고단176
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving a B B-B B cargo II.

On January 28, 2017, the Defendant driven the above cargo while under the influence of alcohol in the blood alcohol concentration of around 23:47, and led to the driving of the above cargo to the white hospital in front of the shooting distance of the Gangseosan-dong, Seosan-si, Seosan-si.

A person engaged in driving service has a duty of due care, such as driving according to the structure and performance of the vehicle, who well sees the front, rear, left, and left, and accurately operates the steering system, brakes, and other devices of the vehicle.

Nevertheless, the Defendant neglected this and neglected to proceed, thereby resulting in the Defendant’s failure to keep the part of the Defendant’s vehicle back to the right-hand part of the victim C Driving DK5, which was waiting for the signal at the right-hand side of the Defendant’s running direction.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C with salt and tension in need of medical treatment for about seven days, and suffered injury on the left-hand hand part of the said victim’s knife, tension, etc. in need of medical treatment for about seven days between the said victim’s vehicle, and at the same time, did not immediately stop the said victim’s vehicle so that repair expenses of KRW 2,538,198, such as exchange of the said knife, etc., may be damaged to the victim’s vehicle, and escaped without any necessary measures such as providing relief to the victim’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after an accident) of the relevant Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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