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(영문) 대전지방법원 홍성지원 2017.01.17 2015고단1193
특정범죄가중처벌등에관한법률위반(도주차량)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

1. The Defendant is a person who is engaged in driving a wing and freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On October 31, 2015, the Defendant, while under the influence of alcohol 0.146% during the blood transfusion around 23:00, led to the flow of the front road of Boli-si C from the border side of the Yan City to the intersection.

At night at the time, and at the front time, the E-hiver vehicle driven by the victim D (n, 46 years old) was stopped, so there was a duty of care to reduce the speed and to thoroughly operate the operation of the vehicle and to prevent the accident by accurately manipulating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the right side of the truck, and was placed in front of the right side of the truck driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping, even though the repair cost for the vehicle owned by the victim is damaged to approximately KRW 3,511,781, such as the exchange of strings, etc., and immediately stopping the vehicle to the extent of KRW 3,511,781.

2. The Defendant violated the Road Traffic Act (drinking) driving the said high-speed truck under the influence of alcohol content of approximately 0.146% at a section of about 3.5 km from the front side of the Eastern apartment located in the city of Bo-si, 178 at the center of the Sin-si, Sin-si to the front side of the same Sin-si, 304.5km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Notification of the results of the drinking control;

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