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(영문) 수원지방법원 성남지원 2018.02.22 2017고단3461
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

The defendant is a person who is engaged in driving a vehicle B with low investment.

On October 3, 2017, while under the influence of alcohol 0.160% during blood, the Defendant driven the said car at around 06:40%, and was in progress at about 30 km in the speed of Si/Gun/Gu from the long distance room in the station in the city of Manam-si to the urban high-speed roads. Since it is one passage, the Defendant was under the duty of care to check the direction of passage well and not enter the opposite direction. However, even though the Defendant was under the duty of care to check the direction of passage well and not enter the opposite direction, the Defendant, while being negligent in drinking, led the victim D (34 Do)’s front part of the EMW 320d car in the air going to the signal at the bend of the said low-speed vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injuries, such as salt, tensions, etc., in need of approximately two weeks of treatment, and at the same time, escaped without any necessary measures, such as immediately stopping the said BMW car and providing relief to the victim, even though it damages the 4,22,02,00 won, such as the exchange of the front driver, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs, photographs of damaged vehicles, photographs of accidents, photographs of skins, and field photographs;

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 absence of accident) and Articles 148-2 subparag. 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3.

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