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(영문) 수원지방법원 평택지원 2017.02.16 2016고단2239
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving a rocketing motor vehicle(s) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the violation of Road Traffic Act (after an accident).

On October 6, 2016, the Defendant, at around 06:07, proceeded in the direction of the main office in the direction of the area where the road in front of the off-line apartment of Pyeongtaek-si is located in Pyeongtaek-si.

In such a case, there was a duty of care to safely drive a driver by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and 0.127% alcohol concentration in blood, and was under the influence of alcohol while driving the said vehicle by negligence, and the victim C (66 years old) who driven the said vehicle by negligence, brought the vehicle back to the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury by the clocks, etc. in need of approximately two weeks of medical treatment, and at the same time, destroyed the said hurged vehicle to be repaired by the repair cost under the estimate, and escaped without any necessary measures.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B rocketing vehicles under the influence of alcohol content of 0.127% in blood on the front of Pyeongtaek-si apartment apartment located in Pyeongtaek-si at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The actual survey report and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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