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(영문) 대전지방법원 홍성지원 2017.11.14 2017고단576
특정범죄가중처벌등에관한법률위반(도주치상)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

The defendant is a person who is engaged in driving a CTrack 1.4 car.

On July 19, 2017, the Defendant driven the said car without obtaining a driver's license under the influence of alcohol level of 0.189% among blood transfusions on July 19, 2017, and led directly to a single-power plant room room in the middle-lane 2nd one lane of the two-lane boundary of the eropo-section 287-1(b).

At this time, the signal lights are on-and-off intersections, and in such a case, there was a duty of care to reduce speed and prevent accidents by driving safely by driving safely.

Nevertheless, the Defendant did not neglect this and proceed straight to the right-hand side without temporarily suspending on-and-off, and did not find a victim D (n, 41 years old) driving a car driving from the right-hand side to the left-hand side, and did not find any ES5 vehicle. The part of the Defendant’s driving vehicle, such as even the driver’s seat of the damaged vehicle, was shocked with the part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as aiding and abetting the victim’s car to the extent that the repair cost of KRW 7,212,807, such as maintenance, etc. of the exchange of the front paner, while destroying the victim’s car, and immediately stopping the vehicle, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The driver's license ledger and the driver's report on the circumstances of the driver's license;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after damage and injury) and the Road Traffic Act.

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