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(영문) 수원지방법원 2018.12.13 2018고단4838
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 Clearning car.

On August 12, 2018, the Defendant, while under the influence of alcohol of 0.119% in front of the viewing distance in front of the running distance in Suwon-si, Suwon-si, the Defendant driven the said two-lane from three-lanes of alcohol in front of the viewing distance in blood, and driven the said two-lanes into the viewing distance protection area from the front school distance in the right line of the first school. As above, the Defendant, under the influence of alcohol, was driven by an occupational negligence by a victim D(65 years old) who was in the front line of the said vehicle while driving the said vehicle in front of the traffic along the same lane as the said vehicle, and was unable to accurately operate the steering and operation of the steering system.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as scam scam, which requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding the damaged person by immediately stopping the said taxi, even though the Defendant damaged the 413,578 won of repairing expenses, such as exchange of scams after the scam.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the inspection records of drinking alcohol, a report on the detection of a driver involved in drinking and a report on the circumstances of the driver involved;

1. Investigation report (report on the situation of the driver in charge); and

1. A written diagnosis of injury;

1. Written estimate;

1. Application of the Acts and subordinate statutes to the damaged vehicle booms video, fluor video CDs of the damaged vehicle, photographs of the victimized vehicle, and photographs of the damaged vehicle;

1. Article 5-3 subparag. 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), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the occurrence of a traffic accident), Articles 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 Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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