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(영문) 수원지방법원 2017.07.11 2017고단1093
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 (Do Governor's Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and Violation of Road Traffic Act (after an accident) (hereinafter referred to as the "MW car") committed an act of driving DMW car on January 27, 2017, the Defendant driven BM car at around 06:53, while under the influence of alcohol level of 0.060%, while driving it, and driving it at least 9.2 km away from the GM-si, Seoul Highway (U.S.) at a point of 9.2 km, and driving it on the three-lane road in the front tunnel at the same time, while driving it on the 3-lane road, the Defendant 5-lane passenger car was under the influence of alcohol to prevent the accident by accurately operating the steering gear, thereby falling into the front end of the 6-lane passenger car due to the injury of the victim during the 52-lane passenger car, and then falling into the front end of the 6-lane.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a BMW car under the influence of alcohol 0.060% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A E-document;

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

1. Notification of the results of regulating drinking driving;

1. The actual investigation report on traffic accidents;

1. On-site and related vehicle photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and 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 and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident) and the Road Traffic Act.

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