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(영문) 수원지방법원 성남지원 2017.03.09 2016고단4010
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. A person who violates the Act on Punishment, etc. of Specific Crimes (hereinafter referred to as the "Act") and a person who violates the Road Traffic Act (after an accident) is engaged in driving of B bargaining automobiles.

On November 25, 2016, the Defendant driven the above car at around 05:40 on November 25, 2016, and driven the front road in Gwangju City, Gwangju, along the two-lanes from the offline to the Gu funeral distance.

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected to do so, while driving as it is while under the influence of alcohol content 0.083% in blood, and received a part of the Franchising part behind the passenger car driven by the victim E (33 cc) who is waiting for signal at the marine bed in the front part of the Defendant vehicle.

As a result, the Defendant, by occupational negligence, sustained injury, such as salt and tensions, in need of medical treatment for about three weeks, and at the same time, destroyed the victim’s vehicle to have approximately KRW 603,818 of repair cost by exchanging the vehicle with a panion, etc., and escaped without taking measures such as providing relief to the victim by stopping the vehicle.

2. The Defendant violated the Road Traffic Act (drinking) driving a frighting car under the influence of alcohol by 0.083% while under the influence of alcohol while driving the frighting car from around about 10km to the place indicated in paragraph 1, from the date of the day set forth in paragraph 1, from the French-si Eup, Gyeonggi-si, Gwangju-si, to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. A written diagnosis and written estimate;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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