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(영문) 수원지방법원 안산지원 2015.10.06 2015고단2337
특정범죄가중처벌등에관한법률위반(도주차량)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. Around 04:16 July 13, 2015, the Defendant was driving a vehicle with a blood alcohol concentration of 0.164% at the section of about 2 km from the subway upstream area near the Yandong-dong in Ansan-si, Ansan-si to the above on the road.

2. The defendant is a person who is engaged in driving a motor vehicle of lurged vehicle C.

On July 13, 2015, at around 04:16, the Defendant stopped to turn to the left while driving the said vehicle under the influence of alcohol, as described in Paragraph 1, and driving the said vehicle at a speed of about 50-60km at a speed of about 50 km in the direction of the maintenance complex, from the direction of the distance between the two-lanes in front of the Yansan-gu, Seosan-gu, the upper end of the said section B as the coast.

At the time, there is a new wall and a left left-hand area, so there was a duty of care to make a left-hand turn to a person engaged in driving service.

Nevertheless, the defendant neglected to turn to the left while under the influence of alcohol and proceeded to the left at the same direction by the victim D (30 years of age) who was driving in the same direction, the front part of the Kaman car was shocked by the defendant's left side of the vehicle.

Ultimately, even though the Defendant suffered from an injury, such as “influoral salt,” which requires a victim’s treatment for about two weeks by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the actual condition of alcohol testing, details of measurement results, site photographs, photographs related to the traffic accident, photographs related to the traffic accident, photographs related to the traffic accident, and diagnostic reports;

1. The injury resulting from occupational negligence in Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts and the selection of punishment for a specific crime;

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