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(영문) 대전지방법원 천안지원 2019.07.25 2019고단1151
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving service of the BNAS car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident).

On April 10, 2019, around 02:17, the Defendant changed the lanes into four lanes in front of the D store located in Asan City, Asan City to three lanes in front of the D store.

At night and at the time, the FST5 car driven by the victim E (n, 30 years old) is driving in the same direction four lanes, and in such a case, there was a duty of care to prevent accidents in advance by safely changing the lane by driving direction, etc. in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane as is, and thereby, received the driving seat part of the said SM5 car as the front line part of the said NAS car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the Defendant’s acute base salt for about three weeks in need of medical treatment. At the same time, the Defendant immediately stopped the said SM5 car and escaped without taking necessary measures, such as providing relief to the victim, even though it damages the repair cost of KRW 1,764,143.

2. Around 01:50 on April 10, 2019, the Defendant driven a BNS car under the influence of alcohol with a blood alcohol concentration of 0.151% from the 4km section from the 4km road before the “H” alcohol house located in G in Boan City to the front road of the 2nd intersection of the Asia-si B.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement to E by the police;

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