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(영문) 수원지방법원 2018.07.03 2018고단1631
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The Defendant is a person engaging in driving Csch Rex vehicles.

On January 12, 2018, the Defendant driving the said car under the influence of alcohol concentration of 0.104% during blood at around 00:00, and collecting the height of the said car at 146 o-ro, an equal number of 146 o-gil at Suwon-si.

In the vicinity of the 4-line line near the shooting distance, the collection of the road above the 4-line line;

From the private distance direction, two laness have been proceeded along the direction of the remote distance.

At the same time, the victim D(60) taxi was parked due to an accident. Therefore, the defendant engaged in driving service had a duty of care to properly operate the steering wheel and brakes by accurately operating the steering wheel and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, went through the Defendant’s negligence, caused the part concerning the back crime of the said rocketing taxi to the Defendant’s driver’s license, and due to the shock, led the Defendant to have the part concerning the back crime of the Defendant’s driver’s license of the victim F.(31) who was pushing ahead of the said rocketing taxi in the future and stopped.

Ultimately, due to the above occupational negligence, the Defendant: (a) committed an injury to the victim H (the age of 28) who was on board the victim F and the victim H (the age of 28) who was on board the said F and the said F were in need of approximately two weeks of treatment; (b) at the same time, the Defendant got about KRW 58,700 of the said rocketing taxi to repair the said rocketing taxi; and (c) went away without taking necessary measures, such as aiding the victims, even if the Defendant damages the said rocketing taxi to repair cost KRW 1,273,061, respectively, and immediately stops the vehicle to rescue the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of D police;

1. Statement made by the police with regard to F;

1. A traffic accident report (1) (2) and a report on the detection of a primary driver;

1. On-site photographs;

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