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(영문) 수원지방법원 안산지원 2018.03.07 2018고단384
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 in B.

1. On November 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) committed a violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) by driving the said vehicle at around 00:30 on November 25, 2017, while driving the said vehicle at around 00:30,000, along the three-lane road

In this case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the car line safely in order to make the traffic situation before and after the driving.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected to change the course, and followed the victim D's D's low-speed car driven in front of the direction of the course, and received a large part of the fences around the left side of the car in this Do.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as light fat, etc. in need of treatment for about two weeks, and at the same time, destroyed the said low-priced car to cover approximately KRW 490,554, and escaped without taking necessary measures, such as aiding the damaged person by immediately stopping the vehicle.

2. Violation of the Road Traffic Act (drinking driving) the Defendant driven the said vehicle under the influence of alcohol by 0.12% of alcohol concentration in the blood, from the road near the mountain basin located in the Nowon-gu Nowon-gu, Seoul Special Metropolitan City members of the Gu, to the road around 189 in front of the same Sinsan-si, and driving the said vehicle under the influence of alcohol content by 0.12% in the same Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting of a traffic accident (1) (2);

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (main sentence), and Article 268 of the Criminal Act regarding criminal facts.

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