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(영문) 수원지방법원 2016.02.18 2015고단3399

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

However, the sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2015, the Defendant is a person who is engaged in driving of vehicle C, C, and C, and the Defendant, at around 11:15 on June 10, 2015, has driven the above cargo in a state that it is difficult to drive normally due to the influence of drinking, such as influence and smelling to the extent that he is unable to walk well under the influence of drinking.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was negligent when he neglected to do so, and was under the influence of the Defendant.

F PoterⅡ Cargos received the rear part of the back of the F Poter II and the front part of the F Poter III Cargo.

In the end, the Defendant destroyed the victim G, who is the driver of the Poter II cargo vehicle, with approximately two weeks of injury, such as clocks and tensions, and escaped without taking necessary measures, such as immediately providing rescue to the victim G, while destroying the Poter II cargo to ensure that the 315,456 won amount of repairing the Poter is equal.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of witness G;

1. Photographs and photographs;

1. A survey report on actual conditions;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to reports on internal accidents and reports on detection of drivers of primary drivers;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident)

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;