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(영문) 수원지방법원 평택지원 2016.07.14 2016고단482
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

[criminal history] The defendant is a person who received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Suwon Friwon on September 8, 2006, and a summary order of a fine of two million won for the same crime in the same court on December 9, 2015.

[Criminal facts] The Defendant is a driver of a motor vehicle with Dwards.

On March 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.115% in blood around 19:39, while driving it, and driven the two-lane road in front of the F in Pyeongtaek-si E, using two-lanes from the west to the right of 50km in speed.

Since there was a lot of road traffic for vehicles, there was a duty of care for those who are engaged in driving duties to see the front door and to prevent accidents in advance by driving safely.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding at the front section of the Defendant G(45) driving of the Victim G(45) which was proceeding at the Defendant’s front section, and received the back part of the Defendant’s vehicle as the front part of the passenger car.

As a result, the Defendant suffered injury to the victim, such as catitiss, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant fleded without taking necessary measures, such as immediately stopping the car and saving the victim, even though the Defendant damaged the car to be repaired in approximately KRW 4,709,604 by using the back caters exchange, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting of a traffic accident, notification of the results of regulating drinking driving, on-site photographs of the accident, and written diagnosis and estimate;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the identity of such previous record);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident) and the Road Traffic Act.

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