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(영문) 수원지방법원 평택지원 2018.05.04 2017고단2351
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is a person engaging in driving a cub car in D.

On August 12, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% during blood transfusions on August 21, 2017, and led the Defendant to drive the said car to the west-side office from the direction of the west-gu Office of the west-gu, Gyeong-ri, 66-2, one-lane from the two-lanes of the west-gu, west-ri, Seoul, in the case of harmony.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to see the front line and the left and the right, and to safely operate the tea.

Nevertheless, the Defendant neglected to drive a vehicle under the influence of alcohol, and led the victim E (the age of 26) who was faced with the center line and walked at the edge of a road, to the front part of the Defendant’s car.

In conclusion, the Defendant did not take necessary measures and went away from the car without taking necessary measures despite the victim’s injury to the left-hand slotr, etc., which requires approximately six weeks of medical treatment due to the above occupational negligence.

2. On August 12, 2017, the Defendant: (a) driven a coo vehicle in D while under the influence of alcohol for about 0.137% of alcohol content from the 1km section from the 1km to the site of the accident described in the foregoing paragraph (1) at the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-do; (b) around 21:5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A survey report on actual conditions;

1. Investigation report (report on the confirmation of CCTV near the scene of a traffic accident);

1. Investigation report (the examination and report of alcohol concentration among the blood transfusions of a suspect);

1. E statements;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 subparag. 2 and Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol) on criminal facts; Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-3 subparag. 2 of the Criminal Act.

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