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(영문) 수원지방법원 2013.09.11 2013고단2392

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

The defendant is a person who is engaged in driving a Bsch Rexroth car.

On February 12, 2013, at around 22:10, the Defendant driven the said car while under the influence of alcohol with 0.127% of alcohol concentration, and transferred the intersection of the flow distance from the dynamic bank to the water source from the dynamic bank to the water surface.

Since the location is an intersection where signal lights are installed, the driver has a duty of care to live well in the surrounding area and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and went to the left by the victim C(the age of 46) who was driven by the victim C(the age of 46) due to the negligence of failing to perform all-round duty due to the influence of alcohol, and the left part of the driver's vehicle's left part on the left side of the driver's vehicle operated by the defendant, and the victim E(the age of 57) continued to receive the front part on the left side of the driver's vehicle operated by the defendant(the age of 57).

Ultimately, the Defendant, by such occupational negligence, destroyed the above SM5 car driven by the victim C with the repair cost of KRW 4.80,000,000 for the victim E, sustained catitiss, etc. requiring a two-day medical treatment, and at the same time, destroyed the above SM3 car driven by E and escaped without any measure such as stopping and providing relief to the victim, even though it damages the above SM3 car driven by E and damaged its volume of KRW 5.7 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. E statements;

1. The actual condition survey report;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Medical certificates and opinions;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 of the Road Traffic Act.