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(영문) 수원지방법원 안산지원 2018.10.17 2018고단2857
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

1. The Defendant is a person who is engaged in driving a vehicle B K5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On July 1, 2018, the Defendant driven the above car at around 05:25, and driven the three-lane road prior to C in light name at the time of light name using the two-laned road from the boundary of the broad distance, Seoul, and changed the course to the one-lane.

The Defendant driven alcohol while under influence of 0.183% alcohol concentration in blood, and caused the Defendant’s negligence of changing the lane without properly examining the progress of the vehicle in another lane, and received the Defendant’s vehicle driving part of the E-A6 vehicle’s top-down part of the victim’s DNA driving where the Defendant was driving the first lane.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as salt, tensions, etc., requiring approximately two weeks of treatment, and at the same time, went away without taking necessary measures, such as immediately stopping the vehicle of the victim and providing relief to the injured party.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a 3 km B K5 vehicle from 877 before the luminous name to 189, Guro-gu, Seoul, in the state of being drunk with the alcohol content of 0.183% during the blood, and driving from 877 to 189.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (do referred to as "in the event of an accident"), Article 148, Article 54 (1) (in the event of an accident), Article 148, Article 148-2 (2) 2, and Article 44 (1) (in the event of an accident) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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