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(영문) 의정부지방법원 2016.10.06 2016고단1961

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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. The accused is a person engaging in driving D vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

At around 23:20 on December 19, 2015, the Defendant driven the said vehicle and driven the two-lanes of the two-lanes of the Changdong Road in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, along the central direction of the Dong-dong Road, the two-lanes of the two-lanes of the Changdong Road in the Changdong Road.

In such cases, a person engaged in driving motor vehicles, etc. has a duty of care to safely drive motor vehicles, etc. according to road conditions and structure performance.

그럼에도 이를 게을리 한 채 혈중알콜농도 0.102% 술에 취한 상태로 차로 우측에 위치한 가드레일에 부딪힌 후 1차로로 튕겨 같은 방향 1차로에서 진행 중이던 피해자 E(여, 33세)가 운전하는 F 차량의 전면 부분과 차량 우측 부분이 추돌하는 2차 사고를 야기하였다.

At the same time, the above FF’s vehicle was damaged to ensure that the victim requires two weeks of medical treatment due to occupational negligence, and the victim was faced with c,660,000 won of repair expenses, without any necessary measures, such as aiding the victim by stopping the vehicle and stopping the vehicle.

2. Around 22:40 on December 19, 2015, the Defendant driven a D vehicle under the influence of alcohol content of 0.102% from the section of approximately 1.5 Km to the point of Chang-dong, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, while under the influence of alcohol content of 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions concerning facts constituting an offense;

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