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(영문) 수원지방법원 안양지원 2018.01.11 2017고단1867
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. Around 04:30 on August 10, 2017, the Defendant was driving a B rocketing car under the influence of alcohol content of about 0.20% from the 25km section from the blood alcohol content to the 16-way road, while he was aware of, from the entrance of the Seoul Special Metropolitan City, which was located in the new forest road in Gwanak-gu, Seoul Special Metropolitan City.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the Aggravated Punishment, etc. of Specific Crimes") is a person engaging in driving a rocketing car.

On August 10, 2017, the Defendant driven the above car at around 05:10, and proceeded along the four-lane road in front of the lub village apartment in the Hodong-gu Hodong-dong during Ansan-si, along the direction of the Hanwon Arts University, one-lane in the direction of the Hanwon Arts University.

A driver of a motor vehicle has a duty of care to prevent accidents by driving the steering gear and brakes accurately.

Nevertheless, under the influence of alcohol, the victim C (65) who stops in the signal atmosphere due to negligence while neglecting this, was driven by the Defendant at the right edge of the rocketing car driven by the Defendant.

Ultimately, even though the Defendant, by the above occupational negligence, sustained injury to the victim, such as the need for a medical treatment for about two weeks, pelvisum salt, tension, etc., the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of drinking), and imprisonment with prison labor.

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