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(영문) 청주지방법원 2017.12.07 2017고단1420
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and a violation of the Road Traffic Act (after an accident), thereby driving a vehicle B.

On May 1, 2017, the Defendant, around 17:38, operated the said vehicle directly on the roads around 100 meters prior to arrival at the coal intersection in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do. At the same time, the said vehicle was driven directly by the victim C (47 years old) with a general national highway No. 34 lanes in the two-lanes where a double dricking date is installed.

In such cases, a person engaged in driving service shall accurately operate the steering system, brakes, and other devices of his/her vehicle, and have a duty of care to prevent accidents by safely reporting the traffic conditions of the road and driving the road safely.

Nevertheless, the defendant neglected to do so by negligence in the course of his duties and avoided the front right part of the vehicle into the front right part of the vehicle, and the left side part of the cargo back to the left side, and thereby causing the victim to suffer salt and tensions that require approximately two weeks of treatment, and at the same time, damaged the cargo vehicle to repair the amount of KRW 618,550, and escaped without any rescue measures.

2. On the same date as paragraph 1, the Defendant violated the Road Traffic Act (drinking) driven the said B-owned vehicle under the influence of alcohol content of about 0.31% in a section of about 6km from the front of the Jincheon-gun, Jincheon-gun, Jincheon-gun culture to the roads before approximately 100 meters away from the front of the 7-ro, Jin-gun, Jincheon-gun culture to the roads before the arrival at the coal crossing culture of the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Photographss related to traffic accidents;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of the written estimate Acts and subordinate statutes

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