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(영문) 수원지방법원 2016.06.01 2016고단1322
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D's car.

On February 12, 2016, the Defendant driven the said car under the influence of alcohol content of 0.122% in blood around 22:10, while driving the said car, and led it to the course of Ma-IC bank located in the north-ro 184, Young-gu, Young-gu, Young-gu, Gigi-gu, Gisung-si, Gigi-gu, Gisung-si.

In such a case, a person engaged in driving of a motor vehicle was negligent in performing the duty of care to safely drive the front side and left side of the motor vehicle while under the influence of alcohol, and was negligent in driving the motor vehicle. In this case, the victim E (W, 23) who was under the right-hand left-hand turn at the front side of the motor vehicle operated by the defendant E (W, 23) who was under the right-hand left-hand turn to the right-hand turn of the F. car driven by the defendant E (W, 24 years) with the front part of the motor vehicle operated by the defendant E and the above car rental car, and at the same time, the victim G (W, 24 years) who got injured by the victim E and the above car rental car under the duty of care to safely drive the motor vehicle by neglecting the duty of care to care for about 3 weeks, and did not immediately stop the above car rental car and take measures such as providing relief to the victim by immediately stopping it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. The actual investigation report on traffic accidents;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Each written diagnosis and written estimate (F);

1. On-site photographs and vehicle photographs;

1. Application of the Acts and subordinate statutes on black booms, caps and field photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 54(2)2 and 44(1) of the Road Traffic Act concerning the criminal facts under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after the injury by negligence), Articles 148 and 148-2(2)2 of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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