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(영문) 수원지방법원 성남지원 2019.06.18 2019고단181

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving motor vehicles BMW 520D.

On October 23, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.107% 0.107% around 22:55 on October 23, 2018, and driven the three-lane road in front of the Sungnam-si C apartment at Sungnam-si, along a single-lane away from his oil shooting distance.

Since the above road has a center line of yellow solid lines, a person engaged in driving of a motor vehicle had a duty of care to safely see the traffic situation in the direction of the driving and to prevent accidents by driving the motor vehicle safely without breaking the center line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the center line and stopped in the signal atmosphere at the first-lane of the collisioned vehicle of the victim D(28 years of age) due to the negligence of driving the center line, was shocked by the part front of the left-hand part of the said BMW 520d car.

At the same time, the Defendant suffered from an injury, such as salt panion, which requires treatment for about two weeks by occupational negligence as above, and at the same time, escaped without taking necessary measures, such as providing relief to the victim and confirming the degree of damage, even though the Defendant destroyed the said A-to-pured car with the repair cost of KRW 3,349,231.

2. Around 22:55 on October 23, 2018, the Defendant driven a BMW 520d car on the road at approximately 17 km away from the 17km-dong Samsungdong-dong Samsungdong-dong-dong, Chungcheongnam-gu, Sungnam-gu, Busan-si, under the influence of alcohol leveling to 0.107% of alcohol level.

Summary of Evidence

1. The defendant's partial statement (paragraph (1) on the market), legal statement (paragraph (2) on the market);

1. The witness D’s legal statement 1.