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(영문) 수원지방법원 2017.11.22 2017고단6262
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

On August 25, 2017, the Defendant is a person who is engaged in driving a B-V car, and the Defendant was under the influence of alcohol concentration of 0.221% in blood at around 21:50 on August 25, 2017, and was driving the said car at a level of 0.221%, and then driving the said three-lane road at the level of the wife population C at the permissible point in the direction of Gwangju along the two-lanes in the direction of Gwangju.

At the same time, the victim E (35 tax) was stopped in the air signal, and the Defendant engaged in driving service was obliged to take a duty of care to prevent accidents in advance by accurately manipulating the steering and operating the steering gear in the front line and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and received the back part of the said vehicle from the Defendant’s driver’s vehicle to the front part of the vehicle, which was due to the negligence while under the influence of alcohol as seen above.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which is already needed to receive approximately two weeks of medical treatment, and at the same time, destroyed the above Aburged car to the extent that the repair cost is equivalent to KRW 695,396, and escaped without stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, notification of the results of regulating drinking driving, medical certificate, and insurance repair cost estimate;

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Punishment of Specific Crimes (the Punishment of Specific Crimes) and crimes of violation of Road Traffic Act (the Punishment of Specific Crimes (the Punishment of Specific Crimes) and punishment are heavier.

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