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(영문) 수원지방법원 평택지원 2015.09.24 2015고단1049
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 B knife vehicle.

On June 18, 2015, at around 02:35, the Defendant, while driving the said passenger vehicle under the influence of alcohol level of 0.118%, was moving to the direction of the Eup in the direction of the city of Osan, while driving the said vehicle along the one lane while driving the vehicle under the influence of alcohol level of 0.118%.

Since there is an intersection, the driver has a duty of care to safely proceed by examining the situation of other vehicles entering the intersection and reducing speed.

Nevertheless, the part of the left side of the D Do Do Do Do - which was driven by the injured party C (the 19-year old) who was driving in the direction of the P Do nan-si in the direction of Eg Mag-si due to negligence by neglecting this, was received as the front side of the above Do Do n

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time, 1,344,05 won of the repair cost was destroyed to the extent that it did not immediately stop the said car and run away without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines to the reasons for sentencing under Article 62-2 of the Criminal Act: The scope of recommending sentencing guidelines to apply the lower limit: The first type of escape after traffic accidents;

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