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(영문) 수원지방법원 안양지원 2019.01.15 2018고단1732

특정범죄가중처벌등에관한법률위반(도주치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 9, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Act”), while under the influence of alcohol concentration of blood 0.164% on August 22, 2018, the Defendant driven a two-lane road with four-lane roads in front C in front of the king City, with a four-lane inside the inside of the insideside area.

At the time, there was a night and a signal at the front, so there was a duty of care to prevent accidents in advance by properly manipulating the steering and steering system in a way that the person engaged in driving of a motor vehicle well sees the front and rear left.

Nevertheless, the Defendant neglected this and was negligent in driving the victim D(45 years old) under the influence of the influence of alcohol and received the back portion of the victim D(45 years old) in front of the car of the Defendant.

As a result, the Defendant suffered light flocks, etc. for about two weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant did not immediately stop on the right side of the back of the said rocketing car to the extent that the repair cost is damaged, and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a B LV car under the influence of alcohol with a blood alcohol concentration of about 0.164% from the 11k section of events to the 11k section of events, from the date of the temporary border as set forth in paragraph (1) of this Article, to the 43th day of Guang City from the Fri-si Fri-si Mana.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the person involved in the D traffic accident;

1. A traffic accident report (1), 2 (2);

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Photographss of the vehicle involved in the accident, breathem photographs, film materials photographs, and black records CDs;

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 as to the crime, and the Criminal Act.