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(영문) 수원지방법원 평택지원 2018.01.19 2017고단1869
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

[criminal history] The defendant is a person with the same kind of power as a total of four times, including being punished by a fine of one million won for a violation of road traffic law at the Suwon District Court on September 3, 2009, and a fine of two million won for the same crime from the Suwon District Court on March 12, 2010.

[Criminal facts] The Defendant is also a person who drives a sports cargo vehicle B.

On April 13, 2017, the Defendant, while under the influence of alcohol 0.065% during blood transfusions, was driving the said cargo at a level of 0.065%, and was trying to enter the opposite road in front of the D cafeteria parking lot in Ansan-si C and continued to drive the said cargo.

In this case, the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately manipulating the steering and steering system of the vehicle.

Nevertheless, the Defendant neglected this and proceeded with the car line as it was due to the negligence, which led to the Defendant’s failure, brought the front part of the FK7 car driving by the victim E (33 ) who was going directly along the car line from the front side of the Taeduk tunnel to the right side of the Defendant’s cargo vehicle, was shocked by the front part of the FK7 car driving by the Defendant’s cargo vehicle.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven a motor vehicle under the influence of alcohol again. The Defendant, by negligence in the course of performing the above duties, inflicted injury on the victim E, such as impairment of the ethic character of face, which requires a two-day medical treatment, and suffered injury to the victim G (40) who was on the top of the above K7-day passenger car, such as chill chills and tensions, which require a two-day medical treatment. At the same time, the Defendant destroyed the above 7-day passenger car repair cost of KRW 6,839,269 and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G.

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