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(영문) 수원지방법원 2017.11.14 2017고단5869

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a spectrum car.

On June 6, 2017, the Defendant driven the said car under the influence of alcohol level of 0.140% among blood transfusions on June 23:50, and the same number of the Plaintiff, who is in the Suwon-si transfer vehicle at Suwon-si, driven the two-lanes on the roadway in the direction of Seoul in the mountain direction along the two-lanes on the roadway in the direction of Seoul.

At night, the Defendant was at night and was under the duty of care to operate the steering boat safely by accurately manipulating the steering gear and the steering gear while keeping the steering boat and the steering boat well.

Nevertheless, the Defendant neglected this and went through two lanes due to the negligence in which he was under the influence of alcohol, and the part on the left side of the Era vehicle driven by the victim D(42 ) which was under the influence of alcohol, was received as the part on the top side of the Erac vehicle in front of the right part of the Cpera car.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim F (F, 38 years old), and the victim G (14 years old), who was on board the victim D and the rash car, and suffered injury to brain-dead sugars, etc. without any common room for two weeks medical treatment. At the same time, even though the rash car was damaged to the extent of KRW 3,406,038, the Defendant stopped immediately and escaped without taking necessary measures such as aiding the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of H and I;

1. Notification of an investigation report on the actual condition of traffic accidents and the results of regulating drinking driving;

1. Photographss by cutting off on-site photographs and damaged vehicles booms images;

1. Each written diagnosis;

1. Application of written estimates for automobile inspection and maintenance;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident) regarding the crime, and the Road Traffic Act.