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(영문) 수원지방법원 평택지원 2018.12.07 2018고단1102
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person who is engaged in the duty of driving CM3 motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the violation of the Road Traffic Act (the post-accidents).

On April 17, 2018, the Defendant driven the said car under the influence of alcohol content of 0.133% in blood, and led to the left-hand turn to the intersection of the non-pak apartment in front of Pyeongtaek-si, Pail apartment, which is located in the 195-2, Pyeongtaek-si, Pari-dong, Pyeongtaek-si, Pari-dong, to turn to the left-hand turn from the right-hand shooting distance.

At night, since the signal was cross-sectioned at the time, there was a duty of care to reduce the speed and to take the right and the right of the driver of the motor vehicle well, while to prevent the accident in advance by observing the signal.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn while making a left-hand turn while he was at fault, and received the part of the victim D(W, 32 years old) following the left-hand-hand car of the Epoter car of the victim D(W, 32 years old) under normal new code from the right-hand turn.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim in the Damopty in the malty, which requires treatment for about two weeks, and at the same time, the repair cost of KRW 2,261,248 was destroyed to the extent that the said victim’s car was damaged and escaped without taking necessary measures, such as providing relief to the damaged person.

2. On April 17, 2018, the Defendant violated the Road Traffic Act (drinking) driving a CM3 car in the direction of alcohol concentration of about 1km from the 1km section to the underground parking lot of the emuluous rash apartment with approximately 0.133% alcohol concentration in the blood, while driving a CM3 car in the state of under the influence of alcohol content of about 0.133% from the 1km section to the emulu apartment of the same time, which is located in the 195-2 Sim-dong 195-2 from the front of the restaurant, in front of the restaurant.

Summary of Evidence

1. The defendant's person;

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