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(영문) 춘천지방법원 2016.05.31 2016고단249

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 February 26, 2016, the Defendant: (a) driven Cone Star Co., Ltd. under the influence of alcohol with a 0.246% alcohol concentration in blood, from the roads of the fourth apartment of the compost-gu, Chuncheon-si, 242, to the roads of the first apartment house located in the compost-si, Chuncheon-si; (b) on February 26, 2016, the Defendant was under the influence of alcohol at around 0.246%.

2. The Defendant is a person who is engaged in the driving of Lone Star under paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The defendant driven the above vehicle at the time of the day set forth in paragraph 1 and proceeded along the three-lane road in front of the first apartment zone in the village of Chuncheon-si, in the vicinity of the apartment zone, from the apartment zone to the fourth apartment zone in the village of the village of the village of the city of Chuncheon-si.

At night, the Defendant was at night, and the Defendant was behind the victim D (n, 32 years old) driving in the same direction, and therefore, the Defendant was obliged to take a duty of care to ensure safety distance to avoid when the said motor vehicle stops.

Nevertheless, the defendant was negligent in driving the vehicle in the vicinity of the defendant due to the negligence of driving the vehicle in the vicinity of the defendant.

Ultimately, the Defendant, by negligence in the course of performing such duties, sustained injuries, such as fluoral salt, etc., in need of two weeks of treatment, and immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, drug map at the scene of an accident, and an accident photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the time after the injury is inflicted on duty and actual injury) concerning the crime.