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(영문) 대전지방법원 천안지원 2017.08.17 2017고단1174
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a car frequently or frequently.

On May 3, 2017, the Defendant driven the said car under the influence of alcohol content of 0.164% in blood around 02:40 on May 3, 2017, and driven the two-lanes from the direction of Lone Star-gu, Seongbuk-gu, Seongbuk-gu, Sungcheon-gu, 5-ro 9: The two-lanes in front of the Home-gu, The Home-gu, 9-do.

Since the above road that the Defendant driven was parked along the road and the center line, and was frequently crossing by pedestrians, the Defendant had a duty of care to prepare and drive the road at any time with the possibility of pedestrians crossing without permission, taking into account the possibility of pedestrians crossing without permission.

Nevertheless, under the influence of alcohol, the Defendant found the victim D (the remaining and the age of 46) on the right side from the front left side of the Defendant’s driving direction due to the negligence of neglecting such a duty of care, and caused the victim to go beyond the floor of the Defendant’s driving vehicle.

In this accident, even though the victim suffered bodily injury, such as cutting the bones of fingers that require approximately six weeks of treatment, the defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Camer of an accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning photographs and CCTV evidence photographs;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act concerning criminal facts, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment, respectively;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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