(영문) 수원지방법원 2017.01.18 2016고단7016

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(영문) 수원지방법원 2017.01.18 2016고단7016

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On April 4, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) from the Suwon Flag Flag, and on April 14, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving of Drinking) from the Suwon Flag Flag Flag.

[Specific criminal facts] The Defendant is a person engaging in driving a Clearning Car.

On August 31, 2016, the Defendant, without obtaining a driver's license at around 21:50 on August 21, 2016, driven the said car with a alcohol concentration of 0.085%, and tried to change the course to three-lanes while driving the vehicle at the same time as the blood alcohol concentration of 0.085% from each other and driving the four-lanes in front of the D in front of the Suwon-gu, Suwon-si.

At that time, the victim E(55) was driving on the three-lanes of the same direction, and the Defendant had a duty of care to prevent accidents by driving after checking the past and the right and the right and the right at the time of driving.

Nevertheless, under the foregoing circumstances, the Defendant was negligent in driving a vehicle while neglecting to do so and received the part adjacent to the left side of the said rocketing motor vehicle from the Defendant’s right side.

As a result, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as cryp and fump base in need of approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as providing relief to the damaged party by immediately stopping a motor vehicle, even though the repair cost, such as the left side pentum plate, was damaged to the extent of KRW 1,450,779.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each traffic accident report;

1. A report on detection of a driver of a vehicle driving, a statement on the circumstances of the driver of the vehicle driving, and a site for measurement results;

1. A written diagnosis and written estimate;

1. The driver's license ledger;

1. Track and video photographs;

1. The records of the offence in its holding:

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