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(영문) 청주지방법원 충주지원 2016.09.09 2016고단429
특정범죄가중처벌등에관한법률위반(도주차량)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. The Defendant is a person who is engaged in driving a motor vehicle with B investment risk, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (UP) and the Road Traffic Act (UP).

On March 30, 2016, the Defendant was under the influence of 01:45 alcohol concentration of 0.148% in blood, and continued to proceed in the vicinity of the intersection of the “D” restaurant in Chungcheong City C.

At the time, there was a lot of duty of care to prevent accidents by safely driving motor vehicle drivers, such as reducing speed and operating a steering direction and brake system accurately, because it was difficult to see at night and the commercial buildings were concentrated, and thus, the vehicle traffic has many places.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to make a left-hand turn to the said intersection, and then was under the influence of the victim E(56) driving through the intersection from the next Switzerland to the above restaurant due to the negligence of the latter.

Ultimately, the Defendant, by such occupational negligence, escaped without immediately stopping the said vehicle to the victim E and the victim G (57) who was on board the said vehicle, without taking necessary measures, such as providing rescue to the damaged party, even though the repair cost, such as repairing the chills, tensions, etc. in need of approximately two weeks of treatment, are damaged to the degree of KRW 258,080, such as repairing the chills, etc.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle B under the influence of alcohol level of about 100 meters at the section of about 100 meters from the road before the H capital reduction in Yeonsu-dong, Chungcheongnam-si, Chungcheongnam-do, to the place specified in paragraph 1 (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the detection of a primary driver, and a primary driver;

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