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(영문) 수원지방법원 2018.07.19 2018고단2879
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

The defendant is a person who is engaged in driving a Bchip car.

On March 15, 2018, the Defendant driven the said car with a alcohol content of 0.053% 0.053% of alcohol during blood transfusions, and was in the direction of Busan Dong-dong in the direction of securities instead of the distance prior to the viewing of 516 Osan-si unit in Osan-si.

At the same time, the driver's car of the injured party C(47) was under direct control from the right side of the defendant's moving direction to the left side, and therefore, the driver's driver's driver's car was under direct control, so the defendant engaged in driving service has a duty of care to safely operate the steering and operation of the steering and operation of the steering and operation system in accordance with good faith.

Nevertheless, the Defendant neglected to do so and had the front part of the car of the Defendant driving with the negligence of driving in violation of the so-called drunk signal as above, and caused the Defendant to go on the right side of the car of Defendant driving.

Ultimately, the Defendant, by such occupational negligence, sustained the injury of the victim C and the victim E (54) who was on board the said Bosch Rexrothton car, such as the light base and tension in need of two weeks medical treatment, and at the same time, destroyed the said Bosch Rexrothton car in approximately KRW 6,749,048 and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual condition and an accident scene photograph;

1. Blucs video CDs in black boxes;

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

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Articles 148-2 subparag. 3 and 44 subparag. 1 (the point of drinking alcohol) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning criminal facts (the person who was injured by duty and actual injury).

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