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(영문) 수원지방법원 2016.04.07 2015고단6085
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

On May 18, 2007, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at a water source method source on May 18, 2007, and a person who was sentenced to a fine of KRW 8 million for the same crime in the same court on February 13, 2013.

The defendant is a person who is engaged in driving of B cargo vehicles.

On December 7, 2015, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.183% during blood transfusion 04:30%, and led the Defendant to drive the above vehicle under the influence of alcohol at the speed of 0.183%, leading to two lanes in front of the high-speed three-lane road in front of the high school in the jurisdiction of Suwon-si.

In such cases, there was a duty of care to prevent accidents by driving a person who is engaged in driving a motor vehicle with a duty of care by taking the front door and left door well.

Nevertheless, the Defendant, while neglecting the influence of alcohol, left the vehicle at the front of the direction of the Defendant’s driving, was driven by the victim C(68 Do) who is standing in the atmosphere of the signal signal at the direction of the Defendant’s driving. On the other hand, the Defendant got a part of the front part of the foregoing cargo vehicle, and suffered an injury to the Defendant, such as a climatic salt, which requires approximately two weeks medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party, even though the repair cost of the said small-scale vehicle was damaged by the 4,205,584 won, even though it was destroyed by the 4,205,584 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A traffic accident report report, a survey report, and related photographs;

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

1. Written estimate and written diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148 of the Road Traffic Act concerning the crime.

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