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(영문) 수원지방법원 안산지원 2016.09.23 2016고단2910
특정범죄가중처벌등에관한법률위반(도주치상)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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") and the violation of the Road Traffic Act (after the accident) are those who are engaged in driving motor vehicles with the horses set at B.

On July 17, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.171% during blood transfusion around 00:55, and proceeded with the first permanent permanent resident status in front of Ansan-si Member C, Ansan-si.

In such cases, the driver has a duty of care to accurately operate the steering direction and brakes and check whether there is another vehicle or pedestrian on the rear side of the vehicle and safely proceed with the speed control in advance.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol, has collisioned with the part of the victim D (Woo, 33 years old) drive E of the victim D (Woo) who was under the influence of the Defendant, following the left-hand side of the vehicle of the Defendant.

Ultimately, the Defendant, by the above occupational negligence, committed an injury to the victim D, such as salt, tensions, etc., in which approximately two weeks of treatment is required, and sustained injury to the victim F (M, 34 years of age) like the damaged vehicle, such as salt, tensions, etc., which require approximately two weeks of treatment, and escaped without immediately stopping the said vehicle owned by the victim D to take necessary measures, such as providing rescue to the victim.

2. The Defendant, in violation of the Road Traffic Act, driven a G Malaysia car while under the influence of alcohol with 0.171% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

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

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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