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(영문) 수원지방법원 2017.05.24 2016고단8073

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a passenger car at Cenz C200.

On December 11, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.149% from blood alcohol level around 06:00, and proceeded with the first lane of the fourth parallel road in front of the entrance of the company at the entrance of the company, instead of receiving the 1175-8 salary level in Suwon-si, Sinwon-si, Changwon-si, Sinwon-si, and proceeded with the said vehicle under the influence of alcohol level of 0.149%.

At the time, the car of the victim D (W. 53) driver E in the front section of the vehicle of the defendant was waiting for the signal, so in such a case, the driver had a duty of care to safely operate the vehicle by keeping the front section and securing safety distance.

Nevertheless, under the influence of alcohol, the Defendant received the back part of the right side of the victim vehicle in front of the left side of the Defendant vehicle due to the negligence of neglecting it.

As a result, the Defendant suffered injury to the above victim, such as salt, tensions, etc., requiring approximately two weeks of medical treatment due to occupational negligence, and at the same time, destroyed the damaged vehicle in the market and escaped without taking measures such as aiding the damaged person by stopping, etc., even though they destroyed the damaged vehicle in the market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to preparation of each letter of apology against D and F;

1. Traffic accident reports, accident site photographs, diagnosis reports, notification of the results of crackdown on drinking driving, statement of the situation of the driver in charge of driving, application of Acts and subordinate 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) and 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (the non-measures after the accident).