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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단87
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a BMW car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

On November 25, 2016, the Defendant driven the said car under the influence of alcohol content of 0.122% among blood transfusions on November 25, 2016, and driven the road of three-lanes in front of the Dong community service center in the middle of the 62-lane, Seoyang-gu, Seoyang-gu, Seoyangyang-si, Gyeonggi-do.

At the time, it is a night, and there is a duty of care to reduce speed and drive safely by examining well the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and shocked the back part of the FM car in front of the said BMW car in front of the victim E(24)-(S) driving waiting for the left-hand turn at the front side.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the above victim E, such as finites, tensions, etc. requiring approximately three weeks of medical treatment, suffered from the victim G (V, 42 years of age) who is the passenger of the Defendant driving vehicle, respectively, on the face of a f.734,923, while destroying the damaged vehicle to repair the 6,734,923 won, and escape without taking measures such as providing relief to the damaged person by immediately stopping the vehicle.

2. Defendant 1 driven the said BM car under the influence of alcohol concentration of approximately 0.122% from the 3km section of blood at the distance of approximately 3km to the place indicated in the above paragraph 1 at the time and time specified in the above paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to G and E;

1. A traffic accident investigation report and a traffic accident occurrence report;

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

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

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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