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(영문) 수원지방법원 성남지원 2014.01.16 2013고단2745
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

On October 1, 2013, at around 00:30, the Defendant driven a bpoter freight vehicle with a blood alcohol concentration of 0.129%, and proceeded with the first line, which is front of the bpool eco-friendly sales store in the middle of Gwangju City, from the ebrigate of the ebrigate.

At the same time, the victim C has the right side of the front side, so there was a duty of care to keep the defendant engaged in driving service from facing with the victim by emphasizing the front line and accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding as it is while having received the part of the victim’s left arms from the right side of the said cargo.

The Defendant, by negligence in the course of performing the above duties, sustained a shoulder and sprink of the arms requiring treatment for about two weeks, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident;

1. Written statements and joints of the D;

1. A report on detection of a host driver;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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