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(영문) 수원지방법원 2017.08.09 2016고단7950

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of golf cars.

On November 19, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.168% among blood transfusions on November 19, 2016, and proceeded to the two-lanes of the four-lane road at the entrance of the village in the Dong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), which is located at the flood level in front of the shooting distance at the entrance of the village in the Dong-gu Special Metropolitan City (Seoul Special Metropolitan City).

At the time, the Defendant had a duty of care to safely operate the front door and secure safety distance, since the Defendant was a passenger vehicle of the Victim F(39) driving GST5 on the front side of the vehicle. In such a case, the driver engaged in driving service had a duty of care to ensure safety distance.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the left side of the victim vehicle in front of the right side of the Defendant vehicle by negligence while neglecting it.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about three weeks of medical treatment, and at the same time, the damaged vehicle was damaged by 2,070,083 won for repair, and the Defendant escaped without immediately stopping the damaged vehicle and taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F with respect to the preparation of the explanatory note;

1. The application of Acts and subordinate statutes to survey the actual situation, report on the situation of the driver in charge, and medical certificate;

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 (the point of escape after occupational injury and injury), Articles 148, 54 (1) (the point of absence of accident) and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment on the violation of the Punishment of Specific Crimes (the punishment on the violation of the Punishment of Specific Crimes) and the violation of Road Traffic Act (the punishment on the violation of the Punishment of Specific Crimes) and the aggravated punishment on the specific crime (the punishment on the violation of the Punishment of Specific Crimes) with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.