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(영문) 대전지방법원 논산지원 2018.06.12 2018고단40
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

1. The Defendant is a person who is engaged in driving a Category C rocketing car driving in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (and violation of the Road Traffic Act) and violation of the Road Traffic Act (after the accident).

On November 2, 2017, the Defendant driven the said car under the influence of drinking at around 20:30, while normal driving is difficult, and led to a road of one lane in front of the YUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU.U.U.U.U.U.U.U.

At the night and where there is a center line of yellow solid lines, there was a duty of care to ensure that a person engaged in driving a motor vehicle should thoroughly drive the motor vehicle in the front line and safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop at the center line due to negligence, while driving the victim D(44 ) who was under the stop on the opposite opposite lane, was placed in front of the driver’s seat of the said rocketing car, and continued to receive the part prior to the driver’s seat of the victim F(36 Do)’s gate in front of the driver’s seat of the said rocketing car.

Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the said car to repair the said car in KRW 3,935,982, suffered injury to the said F, such as cerebral silty, etc., which requires approximately two weeks medical treatment, and at the same time, escaped without immediately stopping the said car to ensure that 496,327 won is in repair cost, and without taking necessary measures, such as providing relief to the injured.

2. The Defendant in violation of the Road Traffic Act (refluence of alcohol measurement) receives a traffic accident report after driving a vehicle as above while under the influence of alcohol at the time and place set forth in paragraph 1.

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