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(영문) 대전지방법원 천안지원 2017.03.16 2016고단2600
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of a sentence shall be deferred for three 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.”) and a violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) is engaged in driving of B rocketing cars.

On November 11, 2016, the Defendant driven the above vehicle at around 22:04, and tried to change the lane from the first lane to the second lane, while driving along the two-lane road in front of the new road in the front of the New Si in Asan-si. In accordance with the two-lane road in front of the two-lane, the Defendant tried to change the lane from the first lane to the two-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care not to change the vehicle if it is likely to impede the normal passage of another motor vehicle running in the direction of changing the vehicle line.

Nevertheless, the Defendant, as described in paragraph 2 below, did not perform the above duty of care in a normal manner due to occupational negligence as long as he neglected to perform the above duty of care, the part on the left-hand part of the victim C (W, 35 years old) driving Dwork D, and the part on the upper-hand part of the Dworket No. 35 years old, was brought into Defendant driving car.

As a result, the victim E ( South, 35 years old) who is a passenger of the victim C and rocketing car was suffering from a diversified string that requires approximately three weeks of treatment, and the rocketing car was damaged by approximately KRW 2,371,748 of the repair cost.

However, the Defendant immediately escaped without taking necessary measures, such as aiding victims.

2. On November 11, 2016, the Defendant, while under the influence of alcohol 0.156% during blood transfusion at around 22:04, driven a B rocketing car at the 15km section prior to the New Sea of Busan, only after passing through a two-way road in front of the flow route specified in paragraph 1 on the “G” road located in Busan, under the influence of alcohol 0.156%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

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

1. Report on the circumstances of the driver who takes charge of driving and the control of drinking driving;

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