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(영문) 수원지방법원 2018.10.30 2018고단5243
특정범죄가중처벌등에관한법률위반(도주치상)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 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 cuss car in D.

On July 11, 2018, the Defendant, while under the influence of alcohol at a point where 0.115% alcohol concentration in blood is 0.15% at a place where the south of the wife population is located at Gi-ri, Jin-ri, Jin-ri, Seoul Metropolitan City, the lower court: (a) driven the said car and entered the roadside as a rest area where the said car is located.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by emphasizing the front side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol as seen above, was negligent in the course of business and proceeded as they were, due to the victim E (40) who was stopped in order to rest the said car at that place, received the back part of the Ftoscar car driven by this Defendant.

As a result, the Defendant suffered injury to the victim for approximately two weeks of medical treatment due to the foregoing occupational negligence, and at the same time, escaped without taking necessary measures, such as aiding and abetting the victim by stopping, even though the Defendant destroyed the said earth and a car in an amount equivalent to KRW 1,122,278, which is the sum of repair costs, such as the exchange of back panions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A traffic accident report, vehicle photograph, and internal investigation report (a person who takes initial action);

1. A copy of the ledger of report on internal investigation and use of drinking meters;

1. Copies of a medical certificate and medical record;

1. Application of the written estimate statutes;

1. Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (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. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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