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(영문) 의정부지방법원 2017.11.29 2017고단3876

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 a person who is engaged in driving a CTP car.

On July 27, 2017, the Defendant driven the said car under the influence of alcohol level of 0.191% from blood alcohol level around 21:50 on July 27, 2017, and led directly to the direction of an apartment building in the direction of an apartment in the direction of the Guri-si, while moving into the front side road in the direction of the Guri-si.

The driver of a motor vehicle shall not drive the motor vehicle at such a speed or in such a manner as may cause any danger and injury to others, depending on the traffic situation of the road and the structure and performance of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to cause any danger and injury to others, and shall make a good report on the traffic situation in the front and

Nevertheless, the defendant's failure to properly see the front side and brought the left side of the F-wheeled Motor Vehicle E (35 years old) driven by the victim E (35 years old) who stops in the front side by negligence.

Accordingly, the Defendant by occupational negligence inflicted injury on the above victim, such as salt, tensions, etc., in need of approximately two weeks of treatment, and suffered injury to the victim G (52) who is Oralba, Epia, about two weeks of treatment, such as climatic salt, etc., which requires approximately two weeks of treatment, and went away from the site without taking any measures, even though the Defendant damaged the repair cost of KRW 1,475,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Investigation report (to A who is suspected of having a drinking accident);

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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), Articles 148 and 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Aggravation concurrent crimes;