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(영문) 수원지방법원 평택지원 2020.02.07 2019고단1585
특정범죄가중처벌등에관한법률위반(도주치상)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 set of 52 Bber 0742.

On September 29, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.135% around 00:05, and led to a speed of approximately 40 km from the surface of the E second intersection in front of a restaurant in Pyeongtaek-si B to the intersection in front of a restaurant in Pyeongtaek-si B, according to one lane.

At that time, the signal apparatus is installed, and the red flickering signal has been ignited, so in such a case, the driver of the vehicle has a duty of care to temporarily stop the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation to accurately operate the steering direction and the brake system.

The Defendant neglected to do so and led the Defendant to the front part of the Defendant’s driver’s car, which was driven by the victim H(40 years of age) who was driven by G at the F elementary school.

After all, the Defendant: (a) committed the above occupational negligence to the victim J (26 years of age) who was on board the victim H and together with the above occupational negligence, and, at the same time, was unable to inflict an injury, such as salt, tensions, etc. in the chills requiring two-day medical treatment; (b) at the same time, the Defendant destroyed the said damaged car to have approximately KRW 4,793,017 of repair cost, such as the front driver, and escaped without immediately stopping it

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Sulphy condition survey report and images to take a course;

1. Application of the Acts and subordinate statutes on written diagnosis and vehicle estimate;

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 and 54 (1) of the Road Traffic Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes.

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