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(영문) 수원지방법원 평택지원 2017.09.14 2017고단967
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 B car.

On April 5, 2017, the Defendant driven the said car while under the influence of alcohol content of 0.105% in blood around 20:30 on April 5, 2017, and led to two-lanes of the national highway No. 38 prior to Pyeongtaek-si to ordinary stacks from the inside of the national highway.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by properly manipulating the brake system and properly manipulating the brake system.

Nevertheless, under the foregoing circumstances, the Defendant, while under the influence of alcohol, received the rear part of the victim D(40) E-S-S-S-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

As a result, the Defendant, by negligence in the above business, sustained injury to the victim D, such as dynasium, etc. requiring approximately six weeks of medical treatment, and injury to the victim F, such as dynasium and dynasium, which require approximately three weeks of medical treatment. At the same time, the Defendant got approximately KRW 7,433,424 of the repair cost for the above dynasium car, and escaped without taking necessary measures, such as causing a traffic accident that causes approximately KRW 2,478,11 of the repair cost for the above dynasium car and also destroying the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. An investigation report on the actual condition of a traffic accident, a traffic accident occurrence report, and on-site photographs of a traffic accident;

1. The ledger of use of a drinking gauge, the ledger of detection of drinking drivers, a report on detection of drinking drivers, and a report on the circumstances of drinking drivers;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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