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(영문) 수원지방법원 평택지원 2013.04.26 2013고단326
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 was engaged in driving a BM5 car.

1. On March 1, 2013, at around 01:20, the Defendant driven the said car under the influence of alcohol 0.108% of alcohol alcohol concentration at a 0.108% under the influence of alcohol while the Defendant was under the influence of alcohol at the 10km section, which is around 38th national highways in front of the St. Don-si, St. Don-si, St. Don-si, St. Don-si, St. Don-si, St. Don-si Don-si.

2. Around 01:20 on March 1, 2013, the Defendant operated the said two-lanes of the two-lanes of the two-lanes of the road on the national highway No. 38, prior to the Stia company, which is located in the organization of Stia city-Eup in Ansan-si, and proceeded with the two-lanes of the two-lanes of the road in the width from the airspace.

Although a person engaged in driving of a motor vehicle has a duty of care to safely proceed by living on the front side, maintaining the safety distance with the motor vehicle running ahead of it, it was due to the negligence of driving the motor vehicle and received the parts behind the motor vehicle driving of the victim D(66 years old) in front of the said SM5 motor vehicle.

As a result, the Defendant suffered salt, tensions, etc. from the Defendant, which requires a treatment for about three weeks, and at the same time escaped without immediately stopping the car of the said car and taking necessary measures, such as providing relief to the victim, even though it damages the car of the said car to be in excess of KRW 2,024,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. A written diagnosis and written estimate;

1. A host driver report, investigation report (official application of the Radmark);

1. Application of Acts and subordinate statutes on accident site map, site map, and vehicle photographs;

1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime.

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