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(영문) 수원지방법원 성남지원 2016.11.10 2016고단2494

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is a person who is engaged in driving a car in a SP area.

1. On March 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), while under the influence of alcohol by 0.141% of the blood alcohol concentration in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gu, Jincheon-gun, led to the progress of the road into the Jincheon-do, along two-lanes from Jincheon-Eup to

Since there is a road that is immediately prior to the entry into the above tunnel, the driver has a duty of care to reduce the speed to the person engaged in driving service, to live well at the right and the right, and to accurately operate the steering gear and the brake system and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the motor vehicle in front of the said motor vehicle, which was driven by the victim D (year 41) who was driving in the same direction at the same two-lane due to the negligence of neglecting it.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim D and the victim F (the age of 29), such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as making a stop immediately after destroying a motor vehicle, with a repair cost of KRW 915,078, such as the exchange of rier, to ensure that KRW 915,078, such as the exchange of rier.

2. At around 19:10 on the same day as described in paragraph (1) of this Article, the Defendant driven a motor vehicle in the stimul concerned with the blood alcohol concentration of about 63km from the 63km section from the 19:10 on the roads in front of the stimul, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, to the creative distance of the stimul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Written estimate for automobile inspection and maintenance;

1. A photograph of the accident site;