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(영문) 수원지방법원 2016.05.18 2016고단453

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

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 also a person who is engaged in driving a car.

On November 5, 2015, the Defendant driven the said car under the influence of alcohol content of 0.125% during blood transfusions, and led D Company C, which is located in Jin-si C, to proceed from the right side of the tinct.

In this case, there was a duty of care to prevent accidents in advance by safely driving a driver who is engaged in driving of a motor vehicle with a prior duty of care.

Nevertheless, the Defendant was in front of the Defendant’s driving vehicle, who was under the influence of alcohol and stopped on the front side of the victim E(62) drive due to negligence while driving.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E on the base base and tension in need of approximately three weeks of medical treatment, and inflicted injury on the victim G (66 years of age) who is the ship owner of the above beer cruise vehicle in need of approximately three weeks of medical treatment on the part of the victim G (6 years of age). At the same time, the Defendant, at the same time, escaped without taking necessary measures in the event of a traffic accident, such as destroying the above beer cruise vehicle and the aforementioned beams to cover approximately KRW 8,640,00 of repair cost, and aiding the damaged person.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each written statement of E and G;

1. A survey report on actual conditions;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. Each written diagnosis and written estimate on the current status of the payment of insurance proceeds;

1. Application of statutes, such as site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 54(2)2 and 44(1) of the Road Traffic Act concerning the criminal facts under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after the injury by negligence), Articles 148 and 148-2(2)2 of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.