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(영문) 서울북부지방법원 2017.03.14 2016고단5476
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is also a person who is engaged in driving a CA car.

On November 24, 2016, the Defendant, while under the influence of alcohol content of 0.124% among the blood transfusion around 06:00 on November 24, 2016, proceeded along the three-lanes between three lanes from the station at the hill of Taene, Nowon-gu, Seoul to the lower direction of the 1074 public road.

In such cases, the defendant engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to drive the motor vehicle safely, such as keeping the front side and the left side well.

Nevertheless, under the influence of alcohol, the Defendant was at the right right side of the vehicle in front of the vehicle driven by the Defendant, following the FK5 vehicle driven by the victim E(57) who was parked in order to get off the victim C(F, 59 years old) and the victim D(34 years old) on the same lane.

Defendant at the same time, due to the above occupational negligence, inflicted injury on the victim E, such as salt panion, etc., in which hospitalization for about five days is required, suffered injury to the victim C, such as light finites in need of stable medical treatment for about two weeks, and suffered injury, such as light finites in need of stable medical treatment for about two weeks, to the victim D, and at the same time, escaped without taking necessary measures, such as stopping the said K5 vehicle, even though it damages the repair cost equivalent to KRW 51,178, which is worth KRW 551,178.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

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

1. Each medical certificate and each certificate of discharge from a entrance;

1. Application of written estimate of insurance repair costs to the statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 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. Selection of penalty:

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