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(영문) 춘천지방법원 2017.11.08 2016고단1323
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car in the Cran Islands.

On November 12, 2016, the Defendant driven the said car under the influence of alcohol level of 0.173% from blood alcohol level around 23:30 on November 12, 2016, and led D in front of Chuncheon City, along the two-lanes in the direction of the two-lane direction, at a speed of 80km per hour between the two-lanes in both direction.

At the time, the surrounding area of the accident was difficult to be kept at the front, and thus, the driver engaged in the driving of the motor vehicle had a duty of care to reduce the speed and to drive the motor vehicle while keeping the front door and the left door well.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the road by his negligence, which was driven by the victim E (46 years, n, n) who was standing on the right side of the road, and followed the left side of the Funstn vehicle driven by the victim E (46 years, n, n) and shocked the part of the pent and even gate with the front front part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment. At the same time, the Defendant, while destroying and damaging vehicles of the said rocketing to the extent equivalent to KRW 1,886,091, failed to immediately stop and stop to rescue the victim, and failed to take necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A survey report on the actual condition, a map on the scene of an accident, an accident photograph, a medical certificate (E), and a written estimate;

1. Application of Acts and subordinate statutes to reports on the detection of drivers working at the main place, reports on the circumstances of drivers working at the main place, and reports on risk driving;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 54(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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