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(영문) 수원지방법원 안양지원 2019.08.13 2019고단648

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:40 on March 7, 2019, the Defendant driven a E-Udi A6 vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.05% without obtaining a driver’s license in a section of about 300 meters in front of the D Bank located in the same Gu C from the influence of the trade name in Ansan-gu B at Ansan-si to the front of the D Bank located in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) provided that the Defendant driven the said car at the temporary border, thereby driving the said car along the three-lane road in front of the D Bank C in Ansan-gu, Ansan-gu, Ansan-si, and driving it along the two-lanes from the Gunpo to Seoul.

At the time of night, in such a case, there was a duty of care to live the front door to the person engaged in driving business and secure the safety distance, and to safely proceed with it.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the victim F (30 years old) driving Gamba Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa

Ultimately, the Defendant, by such occupational negligence, sustained injury to the Victim F and the Victim H (L, 25 years old) who was on board a car in the U.S. P. car, such as salt and tensions, etc., for about three weeks of treatment. At the same time, even if the repair cost of KRW 2,646,422 is damaged to the level of a car in the U.S. car, the Defendant did not stop immediately and fled without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the person involved in the traffic accident of F and H;

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

1. Report on the statement of the status of an employer-employed driver, an employer-employed driver, an investigation report, and an investigation report (report on the status of an employer-employed driver);

1. A general medical certificate;

1. Written estimate for vehicle maintenance;

1. 30 to 90 minutes after drinking, even though there are differences in blood alcohol concentration in the car driving ledger, for each individual.