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(영문) 수원지방법원 성남지원 2016.04.21 2016고단189

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

1. On December 11, 2015, the Defendant violated the Road Traffic Act (drinking) driving a B nbbbbbage vehicle under the influence of alcohol content of 0.172% from the village market located in the Dong located in the Dong located in Gangdong-gu Seoul Metropolitan Government to the south-ro 46-ro nbridge.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.) committed a violation of the Road Traffic Act (i.e., a person engaged in driving of the said mother-bed vehicle; and (ii) driving the said vehicle at the intervals of a day specified in the preceding paragraph along the five-lane radius from the Seoul bank to the lower bank located along the intersection of the said bridge.

At the time, the victim C(59) was at night, and the victim C(59) was at night, and the D-si was at the time, so the driver of the vehicle had a duty of care to secure the safety distance with the above taxi vehicle and to prevent the accident from being delayed by thoroughly driving the front-time city.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol as described in the preceding paragraph, was in the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C and the victim E (54) who was on board the said taxi by each other, for approximately two weeks of medical treatment, and at the same time, did not take necessary measures, such as providing relief to the damaged person by stopping the said taxi, even if it damages the said taxi to the extent that it would be equivalent to KRW 5,783,941 by exchanging the back pans, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police of each victims;

1. A traffic accident investigation report, a traffic accident occurrence report, each photograph, a statement report on the situation of the driver in charge, a risk driving report, a report on the detection of the driver in charge, a estimate, and a written diagnosis; and