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(영문) 대전지방법원 천안지원 2017.11.17 2017고단2256
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives B rocketing motor vehicles in violation of 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 (after an accident).

On August 25, 2017, the Defendant driven the above vehicle while under the influence of alcohol of 0.196% during blood alcohol concentration from around 23:5 on August 25, 2017, and led the Defendant to drive the above vehicle at a non-speed speed according to one-lane between the two-lane two-lanes between the two-lanes in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Busan Metropolitan City with the roads adjacent to the Busan Metropolitan City, Seo-gu, Busan Metropolitan City.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to operate the steering gear in an inaccurate manner, and caused the injury to the victim C (Y, 37 years old) driving on the left side of the victim C (V) driving on the two-lane two lanes due to the shocking of the center line, and received the parts in front of the Defendant’s right side of the vehicle, thereby causing about two-day medical treatment, such as light chills, tensions, etc., which require approximately two-day medical treatment, and also escaped without immediately stopping the damaged vehicle to ensure that the damaged vehicle is damaged in excess of KRW 2,219,930, and without taking necessary measures such as providing relief to the damaged person.

2. On August 25, 2017, the Defendant was under the influence of alcohol at around 0.196% during blood transfusions on August 23:5, 2017, the Defendant driven Brocketing car at a about 5 km section from the front of a mutual influent restaurant located in the boundary of the Nam-gu, Nam-gu, Nam-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the apartment parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a written diagnosis and written estimate;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. Acts and subordinate statutes governing vehicle photographs;

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