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(영문) 대전지방법원 천안지원 2019.03.27 2018고단3076
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 01:10 on October 20, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.13% 0.13%, and the Defendant driven a car of the D Belgium at the section of about 3 km from the front of a restaurant located in the Young-gu, Chungcheongnam-gu, Yan-gu, Yan-gu to the front of a restaurant located in B in the same Gu.

2. On October 20, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (unclaimed Measures after Accidents) and the Defendant came to turn to the left at a speed of one lane from the east-gu Seoul Metropolitan City at a speed of 01:10 to the east-gu at a speed of 1:00 square meters.

Since there is a shooting range in which signal lights are installed, there was a duty of care to prevent accidents by complying with the signal, putting a person engaged in driving the motor vehicle over the front line, and accurately manipulating the steering gear and brakes.

Nevertheless, by negligence of passing through the intersection in violation of the sobnish signal, the Defendant was driven by the victim E (55 years old) who runs from the side of the Asan City to the lower side of the two lots of land in accordance with the new subparagraph by the negligence of passing through the intersection, and received the back part of the car by the Defendant’s vehicle as the front right-hand part.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim E, such as salt, tension, etc. in need of a medical treatment for about a week, and escaped without immediately stopping the victim’s car, even though it damages the victim’s car to the extent that it would have been required to receive approximately two weeks of medical treatment, such as light fat, tension, etc., in need of medical treatment for about a half-day period, and the victim’s H (28 years of age) who was on the back seat of the said EXE car, without taking necessary measures, such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident occurrence report, a report on the status of the driver, and

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