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(영문) 의정부지방법원 2018.05.09 2017고단5878
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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 of CSP car.

On November 10, 2017, the Defendant driven the said car under the influence of alcohol content of 0.116% in blood around 19:35 on November 10, 2017, and led the Defendant to turn to the left at the right-hand 9-way from the right-hand side of the transmitting 117-7 high-Eup at two weeks.

At all times, since the signal was a private street crossing with a signal, a person engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to safely drive by observing the signal.

Nevertheless, the driver's negligence in the course of driving the victim D (37 tax) driving E 125 c motor vehicle driving on the left side without avoiding the bicycle driving on the left side through the intersection due to the negligence in the course of driving the motor vehicle in violation of the signal, and the driver's bicycle was assigned to the front part of the driver's car.

As a result, the Defendant suffered injury to the right-hand side of the upper frame near the upper frame in which the victim needs to be treated for about five weeks due to the above occupational negligence, and at the same time, the Defendant, while destroying the bicycle of the above victim to be repaired in 805,000 won, did not immediately stop the victim’s motor device and run away without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Application of written estimates and written diagnosis to statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148 and 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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