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(영문) 대전지방법원 2021.01.15 2020고단4357
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who was engaged in driving a hurd motor vehicle B.

On April 4, 2020, the Defendant driven the said car with alcohol content of 0.13% 0.13% during blood transfusion around 17:03, while driving the car, and used two lanes from D to E.

In this case, the driver of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol, and the driver of a motor vehicle is followed by the motor vehicle prior to the same side of the motor vehicle at the time, so the driver has a duty of care to take care of preventing accidents by driving the motor vehicle's career change and safely.

Nevertheless, it is found that it was negligent in driving a breathly due to the negligence of a breathly driving, and the victim F (F, South, 39 years old) prior to the same breath of the breath by the breath of the G G, which was found late, and received the back portion on the left side of the victim's vehicle by the front part of the Defendant's vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, did not take necessary measures, such as aiding and aiding the victims, after causing injuries to brain-dead plants, etc., which do not have any wound in two open for about three weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site inquiry into a traffic accident report (1), report on the occurrence of a traffic accident, report on the results of regulating drinking driving, notification of the results of regulating drinking driving, inquiry into the fact, report on the situation of the driver placed at home, investigation report (report on the situation of the driver placed at home, occurrence of an accident and escape, confirmation of arrested images, inspection on the scene of an accident), vehicle driver's license register and mandatory insurance;

1. A medical certificate;

1. Application of video Acts and subordinate statutes to photograph the scene of an accident, the occurrence of an accident, escape, CCTV images, the distance measured from the scene by the victim, and images before and after an accident;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (abrupting point, choice of imprisonment with labor), and Road Traffic Act regarding criminal facts.

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