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(영문) 수원지방법원 2017.12.13 2017고단7088
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On September 30, 2017, the Defendant, while driving the said car under the influence of alcohol content of 0.095% in blood, changed the line to two lanes while driving the said car at a 0.095%, and driving the three-lane road in front of the D pharmacy located in the wife population C at the permissible time, in the direction of the white rock distance into a single lane in the direction of the office of 0.00 square meters, in the direction of the office of 0.00 square meters.

At the same time, the victim E (23) drive the F rocketing car on the two-lanes of the defendant's moving direction, and the defendant engaged in driving service had a duty of care to operate the steering and operating the steering gear accurately by accurately operating the steering and operating the steering gear in the front, rear, and left well.

Nevertheless, the defendant was negligent in drinking and changed the car line as it is, and the part prior to the left-hand part of the above SM5 car was received by the defendant's driver as the back-hand part of the above SM5 car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and, at the same time, did not take necessary measures, such as stopping and extinguishing the damaged party, while destroying the said rocketing car to the extent that the repair cost would be approximately KRW 1,273,204.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. A written statement of G, H and preparation;

1. Application of Acts and subordinate statutes to cover a survey report, a vehicle and field photo, a report on the circumstances of the driver in charge of the vehicle, a written estimate, a medical certificate, and a black booms;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148, 54(1) of the Road Traffic Act (the point of absence of accident) and Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning criminal facts.

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