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(영문) 대전지방법원 천안지원 2017.04.27 2017고단206
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

The defendant is a person who is engaged in the operation of Dunsta vehicle.

On December 12, 2016, the Defendant driven the above vehicle at around 21:15, and led to the driving of the F Hospital in front of the Seo-gu, Seoan-gu, Seocheon-gu, the alcohol level of 0.089% under the influence of alcohol during blood.

Since the place has a vehicle parked around the road, there was a duty of care to prevent the accident in advance by safely driving the vehicle, such as a person engaged in driving the vehicle, a person who is engaged in driving the vehicle, and accurately manipulating the steering direction and steering system of the vehicle.

However, the Defendant neglected to do so and went on the right side of the victim GG car owned by the victim G, which was parked on the right side of the road, and the part on the left side of the J Poter Cargo owned by the victim I as the right side of the Defendant’s driving, respectively. The victim K (25 Doe) who was walking on the right side of the Defendant’s driving, she was placed on the right side of the victim’s LM6 car parked on the right side of the road, and ordered the said K to shock the above part on the right side of the victim’s LM6 car parked on the right side of the road.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim K, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as providing relief to the injured party, even though the above SM6 car was damaged to be approximately KRW 1,001,768 of the repair cost, with approximately KRW 1,00,768 of the repair cost, and the above SM6 car was destroyed to be KRW 773,504 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A written statement G and L;

1. A survey report on actual conditions;

1. Photographss of the scene of the accident, black stuffs, and photographs thereof;

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

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