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(영문) 대전지방법원 천안지원 2018.10.05 2018고단1518
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On April 23, 2018, the Defendant, at around 01:35, driven CM5 cars while under the influence of alcohol content of about 0.143% from the 70km section to the 300-meter crossing of the national highways of 392-46, and 43 in the order of the Asan City, as from the insular restaurant located in the Seo-gu, Seo-gu, Seo-gu, Seoul, Seo-gu, Seoul.

2. The Defendant is a person who is engaged in the driving of a vehicle in the CM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the non-accident after the accident).

On April 23, 2018, the Defendant driven the above vehicle while under the influence of alcohol on around 01:35, and proceeded with the two-lane road of 392-4 and 43 degrees of 300 meters prior to the entrance to the national road crossing from Sejong City to the intersection of the national road of 300 meters in the order of Chungcheongnam-si.

At the same time, the driver of the vehicle was at night and was at the right edge of the road. In such a case, the driver of the vehicle had a duty of care to prevent the accident by accurately operating the steering system, brakes and other devices of the vehicle and driving it safely.

Nevertheless, under the influence of alcohol, the Defendant found the victim D ( South Korea, 30 years of age) who was under way at the front side of the Defendant's vehicle due to negligence while neglecting this, and found it late later, changed the vehicle to a two-lane, but lost its center, and re-enters into a one-lane, the Defendant’s front side part of the driver’s seat of the vehicle in which the Defendant is driving, with the top top part of the vehicle in front of the vehicle in which the Defendant is driving.

Ultimately, the Defendant, by occupational negligence as above, suffered injury to the above victim D, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, destroyed the above-mentioned low-priced vehicle to be repaired in approximately KRW 2,091,760, and immediately stopped the victim.

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