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(영문) 수원지방법원 성남지원 2019.06.19 2019고단568

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) was driven by Abdo-purt Motor Vehicle B on December 8, 2018, and the Defendant proceeded at a speed below that of the front of Songpa-gu Seoul Metropolitan City in the direction of the earth from the direction of the wind dyke distance to the earth on December 8, 2018.

At the time, the front door of the road is installed so as to be so as to be china, and the passage of pedestrians at that place is frequent, so the driver, as a driver, has a duty of care to care in driving in a speed or in a manner that does not cause any danger and obstacle to others, depending on road traffic situation and the structure and performance of the vehicle.

Nevertheless, the defendant neglected this, and neglected to do so, and neglected to do so, caused the victim D who walked at the right side of the opposite side of the passenger car by negligence, which caused the victim D to go beyond the surface of the road.

Ultimately, even if the Defendant suffered injury to the victim D due to such occupational negligence, the Defendant immediately stopped the victim and escaped without taking measures such as aiding the victim, even though he/she did not immediately stop.

2. Around 00:42 on February 27, 2019, the Defendant driven a e-learning car under the influence of alcohol with approximately 3 km section from the 00-distance parking lot in Sungnam-si, Sungnam-si to the lower part of the same water vibration high school.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. A medical certificate;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts and the injury resulting from escape.