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(영문) 대전지방법원 천안지원 2017.03.30 2016고단2553
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and the Road Traffic Act (hereinafter referred to as the "Aggravated Punishment, etc.") is a person engaged in driving automobiles with B

On November 7, 2016, the Defendant driven the above vehicle at around 21:25, and proceeded with three-lanes of the “D” cafeteria located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, the Defendant, along with three-lanes of the four-lane roads.

At the time of night, the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating the steering and steering gear.

Nevertheless, the Defendant’s negligence, while neglecting his duty at the front time, led to the Defendant’s failure to proceed as it was, and caused the lower part of the Defendant’s driving FK7 of the Victim E (30) driving, which was in the front of the Defendant’s front signal.

Ultimately, the Defendant suffered injury to the said E, such as salt, tension, etc. in need of approximately two weeks’ treatment due to occupational negligence, and at the same time, destroyed the damaged vehicle to have approximately KRW 378,338 of repair cost, and escaped without immediately stopping it and taking necessary measures.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a knife vehicle at approximately 5 km from the front side of a mutually aesthetic restaurant located in the Seongbuk-gu, Seoan-gu to the front road of the “D” restaurant located in the above C, under the influence of alcohol level of 0.172% among the blood alcohol level at the time of the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Vehicles and field photographs;

1. A report on the detection of a primary driver;

1. The principal driver;

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