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(영문) 수원지방법원 안산지원 2017.05.11 2016고단4880

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

around 03:05 on November 14, 2016, when the Defendant was under the influence of 0.146% a alcohol level of 0.146% in the blood alcohol level, the Defendant was driving D car at the speed of about 50 km from the front side to the front side of the vehicle alcohol college. On the part of the Defendant’s vehicle, when the Defendant neglected the duty of the front side of the victim E (54 years old) driving, which was going before the Defendant’s vehicle in his workplace, and continued as it was, the Defendant was taking the front part of the Defendant’s vehicle.

Ultimately, the Defendant got injured by the victim G (V, 27 years of age) and H (33 years of age) who was on board the victim E and the damaged vehicle due to such occupational performance as above, and, at the same time, destroyed the damaged vehicle to the extent that the repair cost equivalent to KRW 1,100,000 is necessary, did not immediately stop the vehicle to the extent that it does not take necessary measures, such as providing relief to the damaged person.

Defendant continued to flee under the influence of alcohol level 0.146%, as seen above, was due to occupational negligence moving back his own vehicle in order to flee, and due to the Defendant’s failure to drive the victim I (31 tax) (31) who was going on the rear side of the Defendant’s vehicle, the part of the front part of the last vehicle in front of the Defendant’s vehicle was followed by the Defendant.

Ultimately, the Defendant suffered injury to the victim I in the above occupational course, such as salt dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and I;

1. A survey report on actual conditions, a traffic accident occurrence report, and a statement on the circumstances of the driver involved in driving;

1. Each written diagnosis and 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 (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident), and the aggravated punishment of specific crimes as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.