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(영문) 수원지방법원 2016.02.04 2015고단5634
특정범죄가중처벌등에관한법률위반(도주차량)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

On February 10, 2012, the Defendant issued a summary order of a fine of KRW 4 million at the Seoul Central District Court on February 10, 2012 to a violation of the Road Traffic Act (drinking driving), and on July 29, 2015, the Defendant issued a summary order of KRW 5 million to a violation of the Road Traffic Act (drinking driving) from the Suwon Flag Flag on July 29, 2015, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

The defendant is a person who is engaged in driving a car B A6 car.

On October 7, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on October 7, 2015, driven the above A6 motor vehicle with a alcohol concentration of 0.053% in blood while under the influence of alcohol, and was in front of the Suwon Doro-ro 57, the Defendant was in the front of the Suwon Doro-ro Doro-gu in Youngwon-si, and was in the front of the Suwon Doro-ro Doro-gu.

At the same time, the traffic signal apparatus was in a yellow on-and-off operation at night, so in such a case, there was a duty of care to safely drive the driver on the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and went through by entering the intersection first, due to negligence of entering the intersection.

C The left part of the low mother car was placed in front of the A6 car.

Ultimately, even if the Defendant: (a) caused the injury to the victim D (60) who is a driver of another car with low driver’s vehicle due to the above occupational negligence for about two weeks, and at the same time, destroyed the low-priced passenger vehicle to be 4 million won, it did not take measures such as providing relief to the injured party, and attempted to stop the vehicle without taking measures such as providing relief.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident-related statement of E;

1. A traffic accident report;

1. The driver's license ledger;

1. The scene of an accident, vehicles for victims, and photographs of vehicles under consideration;

1. Address of the vehicle under consideration and photograph of measuring the suspect's drinking;

1. The place where drinking is measured;

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