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(영문) 대전지방법원 2017.10.26 2017고단825
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cknife vehicle.

On November 13, 2016, the Defendant driven the said passenger vehicle under the influence of alcohol content of 0.109% in blood, and continued to drive the said passenger vehicle under the influence of alcohol content of 0.109% in accordance with the first two-lane road in front of Egypt, the measure taken in Category 356, Sejong Sejong, along the direction from the on the west to Daejeon.

At the time, there are three-distance crossings where signal lights are installed at night, and in such cases, there were duty of care to reduce the speed to the person engaged in driving service, to maintain the right and the right, and to prevent accidents by safely driving the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding as it was, and the Defendant was driven by the victim D (40 Does) who was under the stop under the new subparagraph at the front of the Defendant at the time when he was under the influence of alcohol, and received the front part of the passenger car that the Defendant drives.

Ultimately, the Defendant driven a motor vehicle while under the influence of alcohol, sustained injury by the victim D and the victim F (the 37 years of age) who is the partner of the said motor vehicle by negligence in the course of performing the above duties to the victim F (the 37 years of age), such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and also escaped without taking necessary measures, such as destroying the said motor vehicle to bring about KRW 1,584,031, such as the exchange of the pans, and saving the damaged person by stopping the motor vehicle immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to D;

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

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. Application of each written diagnosis and written estimate for automobile maintenance;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act.

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