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(영문) 수원지방법원 성남지원 2018.08.30 2018고단1422
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the operation of a vehicle by MINI Cooper in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 3, 2018, the Defendant driven the said car while under the influence of alcohol 0.173% during blood transfusions on May 15:20, 2018, and led the Defendant to proceed to the direction of a flood direction in the direction of the mother line, depending on the non-lanes of the four-lanes in front of Sungnam-gu Seoul Special Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents from smoke and safely drive the motor vehicle by accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so and passed the vehicle at the front of the car of the Defendant, which was driven by the victim D(42) (S) who was driving in the front of the passenger car in the front of the passenger car, and was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

2. The Defendant in violation of the Road Traffic Act (drinking driving) driven the said car at a section of about 20km from the roads of G school located in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in the upper city of G in G in G in G in G in G in G

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. A survey report on actual condition, an investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating drinking driving;

1. A medical certificate and a medical record;

1. In full view of the fact that on the spot and the vehicle photographs of the victim (in light of the degree of damage to the back of the victim vehicle, the shock of the accident appears to have been significant, and the victim was hospitalized in a hospital for 12 days after the accident in this case and received physical treatment and pharmacologic treatment, the victim suffered the injury due to the traffic accident in this case.

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