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(영문) 수원지방법원 안양지원 2016.11.01 2016고단1053

특정범죄가중처벌등에관한법률위반(도주차량)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

1. On April 6, 2016, the Defendant: (a) driven C 2km in the section of about 2km from the front of the 0.183-day Mayang-gu Mayang-gu Mayang-si Mayang-si Manyang-si Mayang-si Manyang-si Manyang-si Manyang-si Manyang-si Manyang-si Manyang-si Mayang-si, 04:15, the Defendant was under the influence of alcohol concentration of 0.1

2. A person who is engaged in driving two cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents).

On April 06, 2016, the Defendant, while under the influence of alcohol at 0.183% of blood alcohol level around 04:15, 3-lanes in front of the 348 Annyang-gu Manyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-do, in the direction of Seoul in the military direction.

At night, a person engaged in driving a motor vehicle has a duty of care to change the vehicle line by operating direction direction, etc. when changing the vehicle line, giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant failed to discover the car by the victim D (hereinafter referred to as 45 years of age) who was driving at the two-lanes due to negligence while driving under the influence of alcohol while neglecting this, and received the part of the above car from the driving seat of the above cargo.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks, and at the same time, did not immediately stop the victim’s car to rescue the injured and absconded without taking necessary measures, such as providing the injured, even though the Defendant damaged property equivalent to KRW 3,273,136.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Statement of statement by the police about D;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions concerning facts constituting an offense;