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(영문) 수원지방법원 2017.11.30 2017고단6662
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On September 4, 2017, the Defendant driven a frighting car under the influence of alcohol content of 0.104% among blood transfusion around 05:10 on September 4, 2017, and proceeded at the speed of the head of Si/Gun/Gu at the speed below the shooting distance under the light high level located in the passage of the Gu through Young-gu at the time of Suwon, in the direction of the English interpretation, one lane between the four-lane in the direction of the English interpretation.

At the same time, the victim C(47 tax) or the car stops in the atmosphere of the signal signal, and thus, the Defendant engaged in driving service has a duty of care to prevent the accident in advance by accurately manipulating the steering direction and the operation of the steering system while living well on the front side and the left side.

Nevertheless, the Defendant neglected to do so and proceeded with the victim's driving by negligence, and thereby received the back part of the passenger car from the Defendant's driver as the front part of the passenger car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt and tensions, which require approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as stopping the vehicle and providing relief to the injured party, even though the repair cost is damaged to the extent equivalent to approximately KRW 2,139,564.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Free which drinks drinking;

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

1. A traffic accident report (1) (2), accident scene status, and vehicle photograph;

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

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

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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