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(영문) 대전지방법원 2020.05.07 2019고단5065
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Attorney-at-Law Act at the Daejeon District Court on February 1, 2018 and completed the execution of the sentence in the area of origin of the Daejeon Correctional Institution.

[Criminal facts] The Defendant is a person engaging in driving a passenger car BenzGLC350.

On November 5, 2019, at around 18:10, the Defendant driven the said car with a blood alcohol concentration of 0.167%, and became to turn to the left at one way between the two-lanes in the front line park and the south line.

Since there are automobiles waiting for signal at the opposite side to the intersection, there was a duty of care to accurately operate the steering and steering system and to safely turn to the left by adjusting the speed in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and waited for left-hand turn-hand turn-off from the opposite side of the flood bank to the intersection of the Defendant at the opposite side of the Defendant, which was driven by the victim C(W, 47 years old).

Ultimately, due to such occupational negligence, the Defendant: (a) inflicted injury on the victim’s base base, tension, etc. in the treatment period; and (b) inflicted injury on the victim’s passenger car such as salt, tension, etc. in the treatment period to E (15 years old); and (c) at the same time, the victim’s car was damaged by approximately KRW 1,160,578 of the repair cost of the victim’s car; and (d) went away without any measure such as stopping and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to C and F;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a field photograph;

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