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(영문) 수원지방법원 성남지원 2015.08.27 2015고단1255

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who is engaged in driving a motor vehicle from a turfed vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On March 21, 2015, the Defendant driven the above vehicle under the influence of alcohol of 0.116% in blood alcohol concentration around 05:00, and continued to proceed to the direction of the mountain at the On-Road Parking Lots 2267, Seongbuk-gu, Sungnam-gu, Sungnam-gu.

Since there are many places where pedestrians' passage is frequent, the driver of the motor vehicle has a duty of care to live well with the front and left, and to operate the steering and steering system accurately and safely.

Nevertheless, under the influence of alcohol due to negligence, the Defendant, while neglecting this, went away without any necessary measures, such as immediately stopping the victim, and providing relief to the victim, by shocking the left-hand part of the victim C's right-hand part of the elbow elbbbbow, which was seen earlier, due to the negligence of neglecting the front-hand part of the vehicle.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents continued to proceed after driving a vehicle while under the influence of alcohol by 0.116% as stated in paragraph (1) and causing an accident. On the same day, at around 05:10 on the same day, the Defendant, by negligence, neglected the front-time city in front of the Sugjin-gu, Sugjin-gu, 2, 4517 Sugjin-gu, Sungnam-gu, Sungnam-gu, 05:10 on the same day, inflicted an injury on the victim, who was under way on the front-hand vehicle of the victim D (the age of 63) who was under way, due to the shock of the said vehicle, caused the victim to undergo approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Statement on the occurrence of a traffic accident (C);

1. Each written diagnosis (D, C);

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;