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(영문) 대전지방법원 홍성지원 2018.11.28 2018고단700
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 17, 2018, at around 18:07, the Defendant was driving a D-non-car under the influence of alcohol in the direction of approximately 0.074% (in the indictment, 0.096%) of alcohol content in the section of about 22 km from the direction of the 22km to the intersection of the 50-ro of the Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, Chungcheongnam-gun, D-do, which was under the influence of alcohol on the roads prior to the G-si, Chungcheongnam-gun, Chungcheongnam-gun, Hong-gun, P-gun, Chungcheongnam-gun.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) is a person engaging in driving a motor vehicle of D collection.

The Defendant, while under the influence of alcohol concentration of 0.074% in blood at the time of the day set forth in paragraph 1, driven the said car, and proceeded with the two-lane road in front of the intersection of the lurg, as stated in paragraph 1, along two-lanes from the Seosan to the budget.

In this case, there is a duty of care to reduce the speed to those engaged in driving of a motor vehicle, maintain the safety distance with the motor vehicle in front, and operate the steering and brake system accurately.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (45) who was under way in the front direction of the Defendant’s proceeding due to negligence while neglecting this, and was driven by the victim E (45). The lower part of the FST5 car was the front part of the Defendant’s car.

Ultimately, the Defendant did not take necessary measures, such as providing relief to the victim, even though the Defendant, by negligence in the above business, caused the victim to suffer an injury to the light salt, etc. requiring approximately three weeks of medical treatment, and at the same time damaged the said SM5 car owned by the victim, which is equivalent to KRW 2,981,00.

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