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(영문) 수원지방법원 2018.04.10 2017고단7619

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a rocketing car.

On October 21, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.085% in blood around 07:10 on October 21, 2017, and led the Defendant to turn to the left at the top of the stadium for the World Cup from the boundary of the Korean National Police Agency located in 171 as the Changwon-gu, Suwon-gu, Suwon-si, Suwon-si.

There was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes by making it possible for a person engaged in driving a motor vehicle to live well with the steering right and the signal.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the red flab, thereby holding the victim C(27 years old) who was working in the vicinity of the stadium in accordance with the Madred-Saw, the front part of the Dworket No. 27 years old, which was driven by the Defendant, as the rear part of the said car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light salt in need of approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as stopping and saving the damaged party, even if the Defendant destroyed the rocketing car with approximately KRW 1,800,000 of repair cost, so that the amount of the repair cost can be reduced to approximately KRW 1.8 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents and report on internal accidents (the telephone conversations of wooden persons);

1. Details of internal reports, vehicle and on-site photographs, and telephone communications;

1. Notification of the results of regulating drinking driving;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 148-2 subparag. 3 and Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol) on criminal facts; Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-3 subparag. 2 of the Criminal Act.