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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단1998
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) were committed by the Defendant on June 13, 2016 by driving a B low-speed vehicle under the influence of alcohol level of 0.151% on blood alcohol level at around 21:35, and turn to the left at the front left of the above vehicle in front of the 103-way road located at the jurisdiction of the U.S. Mangn-gu Tri-gu Tri-gu Tri-gu Brig-gu Trig-gu, U.S. Triwon-gu, U.S., when the Defendant was negligent in the course of driving the vehicle while under the influence of alcohol and driving the vehicle into the front left of the left-hand part of the above vehicle.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim C and the passenger E of the above damaged vehicle for light tensions, tensions, etc. requiring approximately two weeks medical treatment, and, at the same time, escaped without taking necessary measures, such as immediately stopping the damaged vehicle, even though the Defendant destroyed the damaged vehicle to fall under KRW 1,467,398, such as the exchange of the front driver, and immediately stopping it.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol level of 0.151% at a distance of about 400 meters from the 400-meter radius from the dialogue station located in the Yongsan-gu, Yongsan-gu to the place where the said accident occurred at the time and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a host driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Article 268 of the Criminal Act, and Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and Selection of Punishments. Article 50 (Selection of Imprisonment);

1. Articles 37 and 38(1) of the Criminal Act to increase concurrent crimes.

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