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(영문) 수원지방법원 2017.09.27 2017고단4042

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a rocketing car.

On February 4, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.093% during blood transfusions on February 4, 2017, and led the vehicle to proceed to the boundary of the industrial complex from the surface of the apartment bank located in the direction of Osan City, by driving the vehicle under the influence of alcohol content of 0.093%.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the Defendant neglected this and received the front part of the driver's seat and the part of the driver's seat on the left side of the vehicle driven by the victim E ( South, 24 years old) under normal conditions due to the negligence that the center line was invadedd and driven by the center line.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury by the victim, such as the right-hand salt, etc., which requires medical treatment for about two weeks, and at the same time, went away from the site without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victim, even though it damages the above Posium amounting to about 4.5 million won in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Application of Acts and subordinate statutes to a survey report on the actual condition, to photograph the flag booms of damaged vehicles, to visit an investigation report (the CCTV analysis on illegal spirits vehicles), to a diagnosis report, and to a statement on the circumstances of drivers in the State;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148, 54 (1) (the point of absence of accident) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.