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(영문) 대전지방법원 서산지원 2019.01.17 2018고단991
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a NAS car.

On August 11, 2018, the Defendant driven the said car under the influence of alcohol level of 0.108% at the front of the village hall of the ancient Sea 1, which is located in 1928-21 due to the stone bank at the time of Jinjin-si on August 11, 2018, and proceeded at a speed of 35 km per hour at the speed of 35 km in the front of the village hall of the ancient Sea 1928-21.

Since there are places where the center line of yellow solid lines is installed, the driver had a duty of care to safely operate the steering line by accurately manipulating the steering room and the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and caused the collision between the left-hand side of the victim C(64 years old) driving of the victim C(64 years old) and the rear pentel part to the left-hand side of the said No. NAS car.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as catum salt in need of a medical treatment for about three weeks, committed an injury to the victim E (the 52-year-old) who was on board the said satisf, requiring a medical treatment for about three weeks, and committed an injury to the victim F (the 60-year-old age-old) who was on board the said satisf, requiring a medical treatment for about three weeks, without immediately stopping the vehicle to take measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Blue vehicle black boxes and CDs;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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