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(영문) 수원지방법원 2017.09.28 2017고정2022
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 24, 2017, the Defendant driven B rocketing car with alcohol content of 0.204% during blood transfusion around 09:15, and proceeded at a speed below the speed of 168,000,000 from the surface of the door to the speed of 114 square meters at the time of Suwon-si, the flow of the road inside the 168 cent-ro 168,00,000 in Suwon-si.

In this case, since the damaged person was seen to walk on the side of the road, there was a duty of care to reduce the speed and drive safely by taking into account the attitude of the injured person.

Nevertheless, the Defendant neglected this and went beyond the center line due to the negligence of driving the road as it was, and the mother of the victim who discovered it was immediately able to attract the victim C(3 years old) to the victim.

Even though Defendant 1 suffered from an injury by gases requiring approximately two weeks of medical treatment due to such occupational negligence, Defendant 1 immediately stopped and escaped without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of D and E;

1. A survey report on actual condition, a traffic accident occurrence report, on-site photograph of an accident, a medical certificate, and a written estimate;

1. A report on the situation, consent to and confirmation of the head driver, and a response to appraisal (request for appraisal of the concentration of Alco in the blood);

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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