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(영문) 수원지방법원 여주지원 2018.10.16 2018고단814
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2008, the Defendant received a summary order of KRW 4 million as a fine of KRW 4 million due to a violation of road traffic law (drinking driving), and a fine of KRW 4 million as a fine of KRW 4 million due to a violation of road traffic law (drinking driving) in the support of the Chungcheong District Court on November 8, 2013.

On June 20, 2018, the Defendant was under the influence of alcohol level 0.161% in front of the Sungcheon-si, the head of Dongcheon-si, the Defendant: (a) driven a motor vehicle on the front side of the Sungcheon-si, with a alcohol level of 0.161% in alcohol level; (b) while driving a B B B B B B B B B B B B Bbluri motor vehicle on the front side of the Seongdong-si; and (c) was negligent in driving the motor vehicle under the influence of alcohol while neglecting the duty of care to ensure safe operation by accurately manipulating the steering left and left, and due to negligence while driving the motor vehicle while under the influence of alcohol; and (d) the lower part of the DM5 motor vehicle driven by the victim C (60 years old) under the influence of alcohol while driving the motor vehicle at the front part of the Defendant’s vehicle; and (d) did not immediately destroy the road to the extent that it does not cause damage to the victim and immediately stop the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

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

1. A medical certificate;

1. Statement made to C;

1. Investigation report (verification of the amount damaged by a victim);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-3 (1) 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 (1) 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 (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes") are the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and crimes of violation of Road Traffic Act (hereinafter referred to as "unnecessary measures after the accident").

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