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(영문) 대전지방법원 천안지원 2018.03.29 2017고단2812
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for six 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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Aggravated Punishment, etc. of Specific Crimes"), and the violation of the Road Traffic Act (hereinafter referred to as "measures after an accident") is engaged in driving of a motor vehicle B-

On November 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.103% among blood transfusion around 02:10 on November 4, 2017, and driven the road front of the Central Finance Center of the Bank of Korea in the north-gu, Yanananan-gu.

At the time, since it is at night, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking into account the front left left left and right left well, and accurately manipulating the steering system, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to stop on the right side of the road, and was driven by the victim C (38 taxes, South) who was standing on the right side of the road, and the DM Bank Co., Ltd. was also driving in the direction of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, destroyed the towing vehicle of the victim to take repair costs of KRW 20,129,358. However, the Defendant escaped from the vehicle without taking necessary measures, such as aiding the victim and towing the accident vehicle.

2. On November 4, 2017, the Defendant was under the influence of alcohol level of 0.103% during blood transfusions on November 4, 2017, and operated B-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances concerning the driver at the main place of business;

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