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(영문) 창원지방법원 2017.03.28 2016고단3892
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 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 KS3 car.

On October 9, 2016, the Defendant driven the said car under the influence of alcohol level of 0.160% among blood transfusions on October 18:15, 2016, and driven the road of four-lanes in front of Kim Sea C at the 1 Dong/Dong Office, while driving the said car toward the private distance of commercial buildings in the direction of the 1 Dong/Dong Office at the end of Kim Sea, and proceeded to the opposite lane.

Since there is a center line of yellow double-fluence, there was a duty of care for a person engaged in driving a motor vehicle to make a internship at the place where the internship is permitted.

Nevertheless, the Defendant neglected this and got the front part of the victim D(19 years old) driving on the 1 Dong-dong Office of C(19 years old), which was running from the middle distance of the shop in Croca by the negligence of her snicking the central line, as the front part of the said car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained bodily injury to the victim, such as an open wound, which requires two weeks of medical treatment, and at the same time, did not immediately stop and escape without taking measures such as aiding and abetting the victim, even though the above lebane was destroyed to the extent of scrapping.

Summary of Evidence

The application of the Act and subordinate statutes to the police's report on the detection of the driver at the scene of the accident vehicle and on-site photo in the report of the police's statement D by the defendant

1. Articles 5-3 (1) 2 and 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 148 and 54 (1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 of the Criminal Act:

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