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수원지방법원 안산지원 2018.07.10 2018고단1752
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 of the Lone Star Cargo Vehicle B.

1. On April 5, 2018, from around 14:50 to around 15:16 the same day, the Defendant driven the above cargo while under the influence of alcohol level of about 0.12% in the 7km section from around 7km to the front road of the members of Ansan-si, Ansan-si, the members of Ansan-si from 149 citizens market to Ansan-si, the members of Ansan-si, the 15:16 on the road.

2. On April 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”), driving of the said cargo as at around 15:14, and driving of the said cargo at around 15:14, in Ansan-si, the three-lane in front of the member-gu C was driven along the center from the king-dong.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by driving the motor vehicle in front and safely.

Nevertheless, the Defendant, as in the foregoing paragraph 1, committed a two-lane by neglecting it under the influence of alcohol as well as neglecting it, and faced the left side of the victim E-V-V-V-V-V-V-V-V-V-V-V-V-V-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Ultimately, the Defendant, by negligence in the course of performing its duties, sustained injury, such as salt panions, which requires approximately four weeks of medical treatment, and at the same time escaped without taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the said Vietnam cruise car, which is the owner of G, to have an amount equivalent to KRW 13 million in total, such as the exchange of the front driver, etc.

3. The above two paragraphs are applicable to the defendant who violated the Act on Special Cases concerning the Settlement of Traffic Accidents.