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(영문) 청주지방법원 2018.11.15 2018고단2100
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

A Imprisonment with prison labor for nine months and for three months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On September 17, 2018, the Defendant was under the influence of alcohol concentration of approximately 0.097% in blood, while driving a car in Eco, under the influence of alcohol content of about 5km from the roads following the hot spring heading in the Heung-gu, Heung-gu, Heung-gu, Chungcheongnam-gu to the roads in front of the 561-ro, Heung-gu, Chungcheongnam-gu, Heung-gu.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person who is engaged in driving a vehicle E while driving a vehicle.

On September 17, 2018, the Defendant was driving ahead of the defluence distance of 561, circular-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, bypassing the alcohol concentration of 0.097% from the edge of the defluence to the defluence distance of 0.097% from the edge of the defluence.

Since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering area and the steering gear and accurately.

Nevertheless, the Defendant neglected such duty of care and received the victim F(21) as the Defendant’s vehicle, a auxiliary police officer, who was on duty for traffic service in the traffic island due to the negligence of bypassing without reducing speed while under the influence of alcohol.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about three weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party.

2. Defendant B, while being aware of the fact that he had been under the influence of alcohol at H restaurants located in Heak-gu Seoul Metropolitan City from around 06:00 on September 17, 2018 to around 07:10, the Defendant, as described in paragraph (1), was aware of the fact that he had been under the influence of alcohol with A, he/she shall, as described in paragraph (1), have A take the front seat and drive his/her car with A.

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