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(영문) 대전지방법원 천안지원 2020.06.08 2020고단375
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving of cussa car B;

On January 11, 2020, the Defendant, while under the influence of alcohol with 0.127% of blood alcohol concentration on 01:15, the Defendant driven the said car and driven it on the three-lane road in the West-gu, Western-gu, Western-si C along the two-lanes, along with the two-lane road.

At the time, a signal, etc. was installed at night, and in such a case, there was a duty of care to reduce the speed to those who are engaged in driving duties, and to prevent accidents in advance by taking into account the other vehicles' attitudes in the signal lights and the frontway.

Nevertheless, the Defendant failed to find out the fact that the F taxi driven ahead of the same direction by negligence, which was driven by E (the age of 43) without living well before, did not stop according to the stop signal, and received the part of the F taxi behind the said car as part of the front part of the said car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim G (V, 24 years old), who was on board the said taxi, such as pentum salt, tensions, etc. requiring approximately two-day medical treatment, and, at the same time, did not immediately stop the said taxi to the extent of KRW 1,018,818, and did not take necessary measures, such as providing relief to the victim, even though the repair cost, such as pentum plate, was damaged to the extent that the said taxi was damaged.

2. The Defendant, at the time and place specified in Paragraph 1, driven a ecoo vehicle B in a state of under the influence of alcohol by 0.127% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of traffic accident occurrence situation in preparation E;

1. A medical certificate;

1. Specifications of checking and maintaining motor vehicles;

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