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(영문) 대전지방법원 2018.04.18 2016고단3997
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving vehicles with CK5 boarding.

On August 20, 2016, the Defendant driven the said car with alcohol content of 0.224% in the blood while under the influence of alcohol at around 11:35 on August 20, 2016, and proceeded along two lanes from the east-gu, Daejeon to the 5-lane from the east-gu, Seo-gu, Daejeon, along the two-lane from the east-gu, where the Defendant used the said car to turn to the left of the same distance within the same direction.

Since there is a four-distance intersection where signal lights are installed, a driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and brake system of the motor vehicle and by safely driving the motor vehicle in accordance with the signals and well-being of traffic signals.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting a stop signal while leaving the same line and waiting to turn to the left immediately before the same line of the same vehicle, and was driven by G OEF (58 ) with the rear wheels part as the front part of the said car.

As a result, the Defendant suffered from an injury to the victim, such as light dump, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping, even if the Defendant destroyed the above dump to the repair cost of KRW 625,90,00 for the said dump to death.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. The application of Acts and subordinate statutes to inquire about the actual condition survey report, the main driver's circumstantial statement, a diagnosis certificate, a quotation, and the ledger of driver's licenses;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant criminal facts, Article 268 of the Criminal Act (in the case of Do Governor), Articles 148, 54(1) of the Road Traffic Act (in the case of measures not taken after destruction of goods), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (in the case of driving under the influence of alcohol).

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