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(영문) 수원지방법원 2013.12.20 2013고단6018
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving service of the MF5 vehicle;

At around 15:50 on September 2, 2013, the Defendant driven the above vehicle, while under the influence of alcohol 0.174%, and proceeded at a three-lane road of Suwon-si, Suwon-si, Pungwon-dong, Pungwon-dong, Pungwon-dong, Sinwon-si, at the speed of the right road in the direction of the width of the right road.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking well the right of way.

Nevertheless, the Defendant neglected to do so and neglected his duty of care and neglected to do so, and received a signal prior to the same lane from the victim C (the 48-year-old driver) who stopped by receiving a signal prior to the same lane, and received the panion in front of the Defendant vehicle.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim C and the victim E (V, 48 years of age) who was accompanied by light salt, etc. for about two weeks in need of medical treatment, and at the same time, the Defendant did not stop the vehicle so that the repair cost of the vehicle would be approximately KRW 806,030, and did not take necessary measures, such as aiding the victim, even if the vehicle was damaged to a level of 806,030 won.

2. Violation of the Road Traffic Act (MM5) driving a BM5 vehicle in the state of alcohol alcohol concentration of approximately 0.174% at a section of approximately 1.5 km from the front of a restaurant located in the Sugwon-gu Gog-gu, Sugwon-si, Sugwon-si, Sugwon-si, to the third distance in the same Kundong-dong, the Defendant driven the BM5 vehicle in the state of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Written statements of C, F and G;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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