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(영문) 수원지방법원 2017.04.18 2016고단8036

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The defendant is a person who is engaged in driving a vehicle in B.

On October 29, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.125% among blood transfusions on October 29, 2016, and proceeded at the speed of about 100K km from the direction of the Gyeonggi-do Construction Headquarters to the Gyeonggi-do Construction Headquarters at a speed of 00K km.

At this point, there is an intersection with the central line and the speed of restriction is 60 km per hour, so there was a duty of care to check whether a person engaged in driving of a motor vehicle is a motor vehicle driving the motor vehicle along the intersection by reducing the speed and checking well the direction, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, under the above circumstances, the Defendant was negligent in driving in excess of the restricted speed while driving a vehicle in excess of the upper speed, and was negligent in driving the center line toward the port of the direction, and the victim D(60) of the EM7 car driving from the five side of the RM7 driving, which first enters the intersection of the Mama-in and left to the left from the center of the heading residents' center, from the five side of the SM7 driver’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as a cage at the right cage, etc., which requires approximately four weeks of medical treatment, and at the same time, escaped without any necessary measures, such as aiding the damaged party by immediately stopping the vehicle, even though it is damaged to be scrapped at the market price of KRW 5 million.0 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents, reports on the occurrence of traffic accidents, and notification of the results of regulating drinking driving;

1. On-site photographs of the accident, photographs related to the vehicle, and black booms of vehicles;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.