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(영문) 수원지방법원 성남지원 2017.05.18 2017고단401
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

1. The Defendant is a person who is engaged in driving a benz car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (or after the accident).

On December 7, 2016, the Defendant driven the above car at around 02:20 on December 7, 2016, and proceeded along the two-lanes between the two-lanes between the two-lanes from the new reproduction distance, the front road of the New Apartment 191, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

At the time, there are nights, and there is an intersection where signal lights are installed at the front door, so the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by checking it well.

Nevertheless, the Defendant was negligent in neglecting this and proceeding as it is, and the part behind the D taxi driven by the victim C, who was in the signal waiting in the front bank, was committed by the Defendant as the front driver of the passenger car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about three weeks, and at the same time, did not immediately stop the said damaged taxi so that the amount equivalent to KRW 5,760,858 is damaged and the Defendant escaped without taking necessary measures, such as providing relief to the damaged taxi.

2. Around 02:20 on December 7, 2016, the Defendant driven a Bbenz car under the influence of alcohol content of approximately 0.176% from the section of approximately 2km from the public parking lot in the Busan Bupyeong-gu, Incheon, Bupyeong-gu, to the road in front of the new apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, E, and F;

1. The actual investigation report on traffic accidents;

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

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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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