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(영문) 춘천지방법원 2017.12.06 2017고단736

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle of QM3.

On March 19, 2017, while under the influence of alcohol level of 0.133% among the blood transfusion around 19:15, the Defendant driven the said car and driven it at a 0.133% speed, leading to the roads front of the riverside church, which is located in the 517th-ro sports riding in Chuncheon City, to a tricheon-dong, from the boundary of the scenic market.

Since there was a central line, there was a duty of care to safely drive the tea.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was driven by the victim D(43) who was frighting in the center line, and was driven by the victim D(43) who was frighting in the center line, on the left-hand side of the front line of the said QM3 car.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, destroyed the repair cost equivalent to KRW 1,468,960, such as exchange of panions in front of the victimized taxi, and escaped without any measure such as stopping and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a map on the scene of an accident, an accident photograph, a medical certificate, and a written estimate;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the written estimate statutes;

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, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 54(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment prescribed for any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and any violation of the Road Traffic Act (or any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) with more severe punishment;

1. Punishment;