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(영문) 수원지방법원 2016.01.28 2015고단5219
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

On September 25, 2015, the Defendant was under the influence of alcohol content of 0.093% from the blood transfusion around 17:20 on September 25, 2015, and was under the influence of alcohol, and was under the influence of alcohol to the water source from the water source in accordance with the (ju) ethyl road.

In such cases, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents by operating the steering gear and system properly and properly.

Nevertheless, by negligence, the Defendant, who was under the influence of alcohol, took the following part of the CST5 car, which was in the process of being in the process of being drunk, into the front part of the CMF5 car, and due to the shock, was in front of the CMF5 car while being pushed down in the future.

The following part of the D-learning car was made to be the front part of the said SM5 car.

Ultimately, the Defendant, by such occupational negligence, injured the victim E (28), a driver of SM5 vehicle, by causing approximately two weeks of injury, such as salt, tensions, etc. of the bones, which requires a two-day medical treatment. At the same time, the Defendant attempted to inflict an injury on the victim F (43) who is a driver of the fright passenger vehicle, such as salt, tensions, etc. in need of a two-day medical treatment, and attempted to escape without taking necessary measures, such as immediately stopping the fright passenger vehicle to KRW 16,041,530, while destroying the fright passenger vehicle to cover KRW 1,656,670.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Reporting of a traffic accident (1) (2);

1. A photograph of an accident vehicle;

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

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on a written estimate for motor vehicle and written estimate for motor vehicle;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of each business negligence), and Article 148 of the Road Traffic Act concerning the crime.

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