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(영문) 수원지방법원 안산지원 2017.01.24 2016고단4070
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 is a person who is engaged in driving a ice car.

1. On June 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S. after accidents) (hereinafter “U.S.”), driving the said vehicle under the influence of alcohol level of 0.103% in blood at around 01:40 on June 1, 2016, and driving it to turn to the left from the front side of the C-Wing School located in 568-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes to the front side of the C-Wing School.

Since there is a road where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering left and right of the front, and driving the steering and brake system in a safe manner.

Nevertheless, by negligence in violation of the signal, Defendant C (24) was driven by the victim C (24) who was driven in accordance with normal signals from the left side of the moving direction of Defendant C (24) in a normal right line, and was driven by Defendant C (24). Defendant C CW 5, who was driven by Defendant C, was placed in front of Defendant C’s chief driver.

The Defendant, due to such occupational negligence, suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and escaped without taking necessary measures, such as aiding and abetting M 5 cars owned by the victim so that the repair cost would be equivalent to KRW 2,358,691, such as the exchange of panions.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the EM7 car under the influence of alcohol with 0.103% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis for C;

1. Report on a traffic accident, report on the circumstances of the driver involved in driving, notification of the results of regulating drinking, and written estimate;

1. Application of Acts and subordinate statutes to cover each accident scene photograph, a black stuff image photograph;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Act regarding criminal facts.

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