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(영문) 대전지방법원 서산지원 2014.07.08 2013고단354
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) and the Road Traffic Act (Non-accident) are those engaged in driving motor vehicles with Burle Patom.

On April 4, 2013, around 21:35, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.122% in blood, while driving the said vehicle under the influence of alcohol concentration of 0.122% in the vicinity of the 3st entrance distance near the scopic of the scopic of Seosan-si, Seosan-si.

At the time, there are two vehicles at night and while driving on the front side of a vehicle by the Defendant, so in such a case, there was a duty of care to care in preventing accidents in advance by accurately manipulating the steering and steering devices while maintaining a safety distance to those engaged in driving of the vehicle.

그럼에도 피고인은 술을 마신 상태에서 이를 게을리 한 채 그대로 진행한 과실로 전방에서 신호 대기 중이던 피해자 C(35세)이 운전 D SM3 승용차의 후면 부분을 피고인 운전 승용차의 전면 부분으로 추돌하여 그 충격으로 피해자 C 운전 승용차가 앞으로 튕겨 나가면서 그 앞에서 신호 대기 중이던 피해자 E(여, 49세)가 운전하는 F 아반떼 승용차량의 후면 부분을 추돌하도록 하였다.

As a result, the Defendant suffered injury to the victims, such as catum catum catum which requires medical treatment for about two weeks, while at the same time, the victims’ vehicles were damaged to be 7,509,730 won in total, and the victims’ vehicles were stopped immediately and escaped without taking necessary measures such as providing relief to the victims.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at a restaurant for the fish village in Seosan-si, Eup at the city of Seosan-si at the above temporary location, with approximately 2 km section from the 0.122% alcohol concentration on the scam on the scam of Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. C and E.

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