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(영문) 수원지방법원 성남지원 2015.11.26 2015고단2338

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are those engaged in driving of BK3 automobiles

On August 2, 2015, at around 03:37, the Defendant driven the said K3 vehicle with a blood alcohol concentration of 0.150%, and changed the lane to three lanes while driving the said K3 vehicle at a speed of about 100 km from the high wave to the upper intersection with the outer circular Highway located in Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul along a two-lane.

In such cases, there was a duty of care to give an advance notice of change of course by operating direction direction, etc., and to change a lane safely by taking into account the traffic conditions of the front and rear left-hand.

Nevertheless, under the influence of alcohol, the Defendant neglected this due to driving, and changed the lane to the right-hand side of the victim C while driving a three-lane, and received the front side of the above K3 vehicle from the right-hand side of the victim C.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant, even though the halog car was damaged to the extent of approximately KRW 34 million in repairing cost, did not immediately stop, and escaped without taking necessary measures, such as aiding the victim.

2. Around 02:40 on the same day, the Defendant was under the influence of alcohol by blood alcohol concentration of 0.150% on the same day, and the Defendant operated the said K3 car at a section of about 10km from the front of a restaurant for the string bean unit located in Seongdong-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu to the road near the 10km-gu, Sungnam-nam Highway.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Report on the results of the control of drinking driving, and on the circumstances of drinking drivers;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes