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(영문) 수원지방법원 2017.08.09 2017고단2614
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On February 17, 2017, the Defendant driven the said car under the influence of alcohol content of 0.098% from blood transfusion around 21:10, while driving the said car, which was driven at a level of alcohol level of 0.098%, and was driven in front of the 295 court shooting distance-based agricultural road in front of the 295 court shooting range from the tri-distance flood of Ariju to the court.

Since there is a private street crossing where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering left and left well and the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and went on to the right side of the Defendant’s vehicle, following the left side of the victim C(SCR110) driving in the same direction by negligence, and received the back side of the Defendant’s vehicle.

Ultimately, the Defendant, due to such occupational negligence, sustained injury to the 3,4, and the 3,643,392 main body of the 3,4,400 main body of the 3,66 weeks of the 3,43,392, and escaped from the site without immediately stopping the 1,64,392, while destroying the 1,64,643,392 of the 3,000 main body of the 3,60

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, diagnosis certificate, quotation, damage to a vehicle under command, and photographs of the vehicle under command, and a statement report on the circumstances of the driver under command;

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 (the point of escape after occupational injury and injury), Articles 148, 54 (1) (the point of absence of accident) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Bodily Injury) provide for the crimes of violation of the Punishment of Specific Crimes Act and the violation of the Road Traffic Act (not after the accident), and the crimes of violation of the aggravated Punishment of Specific Crimes (not after the accident) with heavier punishment.

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