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(영문) 수원지방법원 2015.04.29 2015고단723
특정범죄가중처벌등에관한법률위반(도주차량)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 KS3 car.

On January 30, 2015, at around 00:40, the Defendant driven the said car while under the influence of alcohol of 0.180% with the blood alcohol concentration of 0.18%, and the Defendant proceeded at a speed of about 40km per hour among the three-lane roads in front of the Cropic Cropic Cropic High School, the Cropic Cropic Cropic School, and the Cropic Zone of Cropic Cropic School.

At the time of the defendant's front line, the DNF station and the F golf car driven by the victim E (the age of 45) driven by the victim C(the age of 62) were stopped for the signal waiting, so in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering and operating the steering gear and controlling the speed in advance and safely proceed.

Nevertheless, under the influence of alcohol, the Defendant got the back panion of the car driven by the victim C in front of the passenger vehicle operated by the victim C due to the negligence of the Defendant's vehicle driving in the vicinity of the vehicle due to the Defendant's negligence, and the victim C got a part of the back panion of the car driven by the victim E.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as salt dynasty, etc. in need of approximately three weeks of treatment, and injury to the victim E, such as light dynasty dynasium in need of approximately two weeks of treatment. At the same time, the Defendant, while destroying a car owned by the victim C and destroying a car of KRW 6,821,38, and a car owned by the victim E in excess of KRW 9,804,100, did not immediately stop to order the victim to take necessary measures, such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and G;

1. A traffic accident report (1) actual survey report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of written estimates and written estimates for vehicle inspection and maintenance;

1. Each relevant Article of the Act concerning criminal facts;

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