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(영문) 수원지방법원 안산지원 2018.09.12 2018고단2459
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 coos car driving service in C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and in violation of the Road Traffic Act (or the injury).

On June 13, 2018, the Defendant driven the said car under the influence of alcohol level of 0.150% from blood alcohol level around 04:27 on June 13, 2018, and continued to drive it on the road 9, the upper half of the Rule of Ansan-gu in Ansan-si, Ansan-ro from the north Telecommunication Distance to the high intersection of movable property.

At the time, it is a new wall, and there is an intersection where signal lights are installed at the front door, so there was a duty of care to safely drive on the left and right of the driver.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting the front left left and right of the Defendant, and the back part of the victim D(61) driving, which was parked in the signal atmosphere from the front side of the Defendant, was received as the front side of the Defendant’s car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about a week, and at the same time, did not immediately stop the victim taxi and run away without taking necessary measures, such as providing relief to the victim, even though the 4,646,585 won was damaged to repair the taxi.

2. On June 13, 2018, the Defendant driven a coo vehicle in C under the influence of alcohol content of about 0.150% from the parking lot near the uppermost-dong in Ansan-si, Ansan-si to the front road of the movable church located in the same Gu, from approximately 2km to the movable church located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

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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