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(영문) 수원지방법원 안양지원 2018.01.16 2017고단1982
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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-learning car.

On August 26, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.112% in blood around 18:08, while driving the said vehicle at a speed of 0.112%, and was straighten distance of 359, a 359 U.S. from the Manan-gu Mayang-gu, Syang-gu, Syang-gu, Syang-gu, Syang-gu, at a speed of about 40km in the speed of about the speed of 50km in accordance with one lane.

Since there is a long distance in which a signal, etc. is installed, there was a duty of care to reduce the speed and drive safely according to good faith for a person engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding in violation of the signal while driving, and the part of the front part of the DNA passenger vehicle driven by the victim C (W, 57 years old) (W, B, 57 years old) driving in accordance with the normal signals from the direction of the inside to the direction of the inside line was received as even the right door of the flive passenger vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as brain-dead sugar in need of approximately two weeks of medical treatment, and suffered injury to the victim E (V, 50 years of age) who was on board the franchiseer car, such as brain-dead sugar in need of medical treatment for about two weeks, and also escaped without taking necessary measures, such as stopping the franchiseer car to the extent that the damage amount to the total damage amount is damaged to 5,480,00 won, and saving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle accident-related party C (Ma2);

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

1. Photographs and diagnostic report (C, E);

1. Application of Acts and subordinate statutes to report on investigation (report on submission of details of physical damage suffered by a victim);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question and Article 5-3(1)2 of the same Act, Article 268 of the Criminal Act (the point of escape after injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident) and Article 148-2(2) of the Road Traffic Act.

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