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(영문) 수원지방법원 2016.10.27 2016고단4000
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car B E Q900.

On June 6, 2016, at around 21:35, the Defendant driven the above vehicle while under the influence of 0.144% of blood alcohol concentration, and proceeded with the two lanes of the second line road in the Han National University, which is located at the Han National University, from the Han National University.

At the time of the defendant's vehicle transfer to another vehicle, the victim C(n, 43 years old) driver's DacoC car was in the atmosphere of the signal, so in such a case, the person engaged in driving service had a duty of care to properly operate the steering boat and steering system, and to properly operate the steering boat and steering system.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the victim's vehicle from the front part of the vehicle in front of the Defendant's vehicle due to negligence, which caused the Defendant's failure to stop and left the scene, and received the front part of the E-F E-A-A-C vehicle in front of the Defendant's vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant's vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in transit.

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment by occupational negligence, and at the same time, the Defendant, while destroying and damaging the above Copic vehicle in the amount of KRW 2,083,145, did not immediately stop, and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the control of drinking driving;

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

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, Articles 148 and 54 (1) of the Road Traffic Act, and Article 148-2 of the Road Traffic Act concerning the crime.

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