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(영문) 수원지방법원 평택지원 2015.10.23 2015고단1312

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those who are engaged in driving of B K5 automobiles;

On August 25, 2015, at around 23:53, the Defendant moved the front distance of D in Pyeongtaek-si C from Pyeongtaek-si basin to the bank of the new Dong-dong office.

At the time of night, in such a case, the driver had a duty of care to live well on the right and the right and the right of the driver, and to safely make a right and the right and the right of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.143%, she was at the center line, and she was at the influence of bypassing the center line, and she was driven by the victim E (the age of 44) who was stopped for traffic in the opposite direction, she shocked the left front part of the vehicle of the Defendant with the left front part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim G(37 years of age) and the victim H(n, 36 years of age) in each two-day medical treatment, and, at the same time, destroyed the above SM5 vehicle so that the repair cost equivalent to approximately KRW 2,830,000, would amount to approximately KRW 2,830,000, and escaped without stopping the said vehicle and taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving) driven B K5 automobiles under the influence of alcohol with a blood alcohol level of 0.143% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the vehicles and photographs of damaged vehicles;

1. Article 5-3 (1) 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 concerning criminal facts (the point of view after causing the injury by occupational negligence), and Article 54 (1) of the same Act.