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(영문) 의정부지방법원 고양지원 2017.01.25 2016고단3609
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

On October 13, 2016, the Defendant driven a B rocketing car with alcohol content of 0.162% during blood transfusion at around 10:00, and proceeds two lanes in the middle of the gold village 215 as the new flowers at the time of wave at the time of wave, and changed the two lanes in the middle of the gold village in the front of the 215 water community center at the time of wave to the middle of the gold village.

In such cases, there was a duty of care to inform a person engaged in driving a motor vehicle of the change of the lane by manipulating the direction, etc. in advance before changing the lane, and to accurately operate the front, rear and left, and the right and the right and the right of the vehicle, and to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the running lane to the left-hand side of the car of the Defendant, caused the front part of the car driving by the victim C (W, 30 years of age) who was driving the same one-lane in the same room.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt and tensions, which require approximately two weeks of medical treatment, and at the same time escaped without immediately stopping a vehicle and without taking necessary measures, such as providing relief to the injured party, even though the said vehicle was damaged to have approximately KRW 732,851 of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of a traffic accident occurrence report and the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment. Article 50 (Selection of Imprisonment);

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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