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(영문) 의정부지방법원 2017.11.28 2017고단3434
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2017, the Defendant driven a Category B car with alcohol content of 0.134% while under the influence of alcohol during blood at around 07:47 on March 28, 2017, and made it left left at the face of the Republic of Korea on the face of the Government.

At this time, there is a place where the center line of the yellow-ray is installed, and there was an inside of the time, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to make a left-hand turn safely by reducing speed and accurately manipulating the steering gear and the brake system by properly manipulating it.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left and passed through the intersection, the Defendant was negligent in breaking the center line of the horse, and the Defendant was driven by the victim E (47 o) who is waiting to the signal signal at the opposite side of the vehicle, and the F, which was driven by the Defendant, was the front part of the car of the Defendant.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim G (53) who was on board the said cargo vehicle with the victim, respectively, for approximately two weeks, to the victim G (53). Although the Defendant damaged the fuel tank, etc. of the said cargo vehicle to have an amount equivalent to KRW 582,453, the Defendant left the vehicle without immediately stopping and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, notification of the results of regulating drinking driving, notification of requests for appraisal, response to requests for appraisal, and report on internal investigation (an investigation into the alcohol concentration in the blood of a suspect at the time of the accident as a result of the calculation of the aforementioned drone mark with respect to the alcohol of drinking after the accident);

1. Each written diagnosis;

1. Application of the written estimate statutes;

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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