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(영문) 수원지방법원 평택지원 2016.11.03 2016고단1581

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

[criminal power] On January 29, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site site, and a fine of KRW 4 million for a violation of the Road Traffic Act on February 15, 2014, respectively.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a cuss car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, and violation of the Road Traffic Act;

On April 16, 2016, the Defendant, while driving the said vehicle with a blood alcohol concentration of 0.149% around 04:30%, and driving the said vehicle in front of the Heart in front of the Heart in the Seo-gu Eup as Dong-dong in Pyeongtaek-si, Pyeongtaek-si, the Defendant, under the influence of alcohol, was under the influence of alcohol and was under the influence of the said vehicle and was under the influence of the said vehicle in front of the driver’s seat of the victim C(22 years old) driving of the DM7 car drivened by the central line and proceeds from the negligence of driving the vehicle in Pyeongtaek-si.

The Defendant, by the above occupational negligence, sustained an injury in need of approximately two weeks of medical treatment from the victim C and the victim E (the 22 years of age) and the victim F (the 22 years of age), respectively. At the same time, the Defendant, while destroying the said SM7 car to cover approximately KRW 2,751,770 of the repair cost, escaped without taking necessary measures, such as providing relief to the victim.

2. Notwithstanding the absence of a valid driver’s license on June 8, 2016 due to the act, such as escape, etc. after a traffic accident as stipulated in paragraph (1) of the Road Traffic Act, the Defendant driven the said B-cub vehicle from the 2km section to the 52 km-ro of the inside-Eup in the same city, starting from the front of the Han-gu Rabon Rabon in the front of the Han-gu Rabon Kabon in the same city, on June 19, 2016, even though the driver’s license was revoked and was not valid.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. Each written diagnosis; and