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(영문) 대전지방법원 2017.01.17 2016고단3694
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person engaging in driving of a vehicle with C highest typ.

On July 17, 2016, the Defendant, while under the influence of alcohol content of 0.056% during blood transfusions on July 21:15, 2016, came to turn to the left at the right-hand turn at the distance of one lane between sunrise and sunrise.

Since its location was an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by properly seeing the front and right and the right and the right of the driver, and accurately manipulating the steering system and the brake system.

Nevertheless, the Defendant was negligent in driving a motor vehicle while under the influence of alcohol and received the right side part of the motor vehicle of the Defendant, which was driven by the victim D (I am, I 41 years old) driving on the right side of the motor vehicle of the E-Spool, driving on the right side of the victim D (I am, I am 41 years old) with the right side of the motor vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, escaped without immediately stopping the victim, without taking necessary measures, such as providing relief to the victim, even though he/she suffered injuries, such as the pipe and scale of the part in need of approximately two weeks of medical treatment, and the scale of the scale part.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car with C highest typ in the state of alcohol 0.056% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the actual condition of a traffic accident, a report on the scene of an accident, a report on the results of crackdown on drinking driving, an inquiry into the results of crackdown on drinking driving, a report on the situation of a driver who takes driving, an investigation report (verification of a black box), and a copy of cd

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), and the Road Traffic Act.

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