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(영문) 수원지방법원 평택지원 2016.05.13 2016고단348

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On March 4, 2016, the Defendant, while under the influence of alcohol level of 0.114% during blood transfusion around 23:10 on March 4, 2016, proceeded with the front road of Gyeonggi-si, Gyeonggi-si, 145-si, the lower-road of the school site of the 145-year-old, as an underwater outflow from the flow distance bank, and became a U-turn.

Since a central line is installed on the road at that place, in such a case, the driver of the vehicle had a duty of care to safely operate the steering gear by accurately manipulating the steering gear and operating it in accordance with the new code.

Nevertheless, the Defendant neglected this, thereby finding police officers who are under influence of alcohol in the front bank, and breaking the center line, and breaking the center line, and putting directly on the opposite lane, received the front part of the FK3 car driving by the victim E (28 Do) from the Defendant’s driver.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim, such as the mouth of the upper pelpel, which requires approximately four weeks of medical treatment, and at the same time, the Defendant, at the same time, did not stop immediately and drive a vehicle without taking necessary measures, such as providing relief to the damaged party, so that the repair cost equivalent to KRW 5,248,890, such as the exchange of the pelviser, would be required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

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