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(영문) 수원지방법원 안양지원 2015.04.03 2015고단175
특정범죄가중처벌등에관한법률위반(도주차량)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 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 of the BP car.

1. Around 08:25 on January 1, 2015, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.143% from the 3km section of approximately 3km from the 3km road in front of the Dog-dong Winter Winter Station to the front road of the same sig-mixed Factory.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) provided that the Defendant driven the above vehicle under the influence of alcohol at the time and at the place specified in the above Paragraph 1., and led the Defendant to go ahead of the road prior to the shooting distance from the flood protection distance to the bank library.

Since there is a center line of yellow-ray, there was a duty of care for a person engaged in the driving of a motor vehicle to perform his duty of care in front and to safely drive the motor vehicle with the driver's duty of care.

Nevertheless, the Defendant neglected this and received the front portion of the victim C(Y, 51)'s D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant suffered injury to the victim, such as light dump, which requires treatment for about two weeks due to the above occupational negligence. At the same time, the Defendant, while destroying the knife vehicle to cause approximately KRW 421,496 of the total repair cost, such as the exchange of front fump vehicles, and escaped without immediately stopping the vehicle to rescue the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Reports on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. A medical certificate;

1. Written estimate;

1. The case-related photographs and the motion picture images of damaged vehicles.

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