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(영문) 수원지방법원 2018.01.31 2017고단7720

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle with low bid.

On October 14, 2017, the Defendant driven the said car while under the influence of alcohol 0.122% during blood transfusions on October 14, 2017, and led the two-lanes of the two-lanes between the two-lanes in the direction of the long distance from the long distance to the long distance of the bridge.

At the same time, GFD car driven by the victim F (V, the age of 31) was operated to make a right-hand, and thus, the Defendant engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operating the steering system with due care.

Nevertheless, the Defendant was negligent in neglecting the sobrith and proceeding as above, and thereby, the lower part of the said Rad’s car was sent to Defendant’s driving as the front part of the said car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as stopping and saving the damaged party, even though the Defendant destroyed the said Rad Automobile to bring about approximately KRW 2,035,531 of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F with respect to the preparation of the explanatory note;

1. Application of Acts and subordinate statutes to photographs by cutting off a survey report, a report on the circumstances of the driver at the main place, a written statement of repair expenses, a written estimate, a medical certificate, and a black stuffs image;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) and Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. The crime of Articles 40 and 50 of the Criminal Code of the Commercial Competition [the crime of violation of the Punishment of Specific Crimes Punishment Act (Domination)] is committed.