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(영문) 수원지방법원 안양지원 2016.06.30 2016고단278
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 CK5 cars.

On February 14, 2016, the Defendant, while under the influence of alcohol of 0.088% among the blood transfusions on February 21, 2016, proceeded at a 0.088% ambro 30 amba-ro Manyang-gu, Manyang-si, Annyang-si, the two-lane amba 2-lane amba-ro (Seoul direction) from the inside side of the road to the Seoul at an insular speed.

At the time of night, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle, and driving the motor vehicle with a duty of care to prevent accidents by looking at the right and right well.

Nevertheless, the Defendant was under the influence of alcohol and was negligent in proceeding along the two-lanes of the same direction, and the victim D (42C) driven by the Defendant, following the left-hand side of the Esch Rexroth car driven by the Defendant, received the part above the right-hand part of the K5 car driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, committed the injury to the victim F, who was on board the said victim D and the said Bosch Rexrothton car (the age of 38), such as salt, tensions, etc., in each of the two weeks medical treatment, suffered from the victim G (the age of 5) and the victim H (the age of 5) about two (2) weeks medical treatment for each of the two (2) weeks, and went away without taking necessary measures, such as providing relief to the damaged party by immediately stopping the said Bosch Rexton car to the extent of KRW 2,367,25 (the cost of repair, such as the replacement of the pans car, etc.).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation report (41 pages of evidence records);

1. Each traffic accident report;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes by cutting a photograph of an accident-related vehicle, a motion picture fluor of a damaged vehicle, or by cutting it out;

1. Article 148-2 (2) 3, Article 44 (1) of the Traffic Act (the point of drinking), and Article 148 of the same Act concerning facts constituting an offense;

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