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(영문) 수원지방법원 성남지원 2014.01.16 2013고단2719

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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. Around 01:00 on September 21, 2013, the Defendant driven a Chigh-in car at the section of about 3 km from the Do in the Down-gu public parking lot located in the Gidong-gu in Sungnam-si, Sungnam-si, to the front road located in the Central High School located in the 220-dong of the same Gu 220-dong, while under the influence of alcohol content 0.128%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and Violation of the Road Traffic Act (unclaimed Measures after Accidents) were driven by the Defendant on September 21, 2013, as in paragraph (1) of the same Article, while under the influence of alcohol, the Defendant driven the said car at a speed of about 70 km per hour depending on the speed of about 70 km between the two lanes of speed in the front side of the west and the west side of the said car at a speed of about 10 km.

At the time, it is an intersection where traffic is controlled by the signal apparatus at night and at that time, so in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to live well and safely drive the motor vehicle in accordance with good faith.

Nevertheless, due to the negligence that the Defendant neglected to stop the vehicle while under the influence of alcohol and proceeded as it is, according to the new subparagraph, the part on the left-hand side of the EFD car driven by the victim D (the age of 36) who was driving on the left-hand side from the right-hand side of the vehicle in accordance with the new subparagraph was received as the front-hand side of the Defendant’s car.

The Defendant, by such occupational negligence as above, suffered from the victim D and the victim F (ma, 35 years of age) with approximately three weeks of injury, such as salt panions in need of treatment, and at the same time, escaped without taking necessary measures, such as immediately stopping the said damaged vehicle, even though it damages KRW 2,862,350, such as the exchange of back panions, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The report on traffic accidents (the actual survey report);