(영문) 수원지방법원 2018.09.04 2018고단3383

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(영문) 수원지방법원 2018.09.04 2018고단3383

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who is engaged in driving CK5 cars.

On June 8, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.105% during blood alcohol level from around 01:15, and proceeded with the intersection of the distance of 100s, e.g., the e., the e., the e., the e.g., the e., the e., the e., the e., the e., the e. the e.

Since there is a private street crossing where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and properly manipulate the steering gear and brakes of the motor vehicle to prevent accidents by accurately manipulating the steering gear and brakes of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, tried to breath the right side of the victim D(58) driving, which was stopped for signal waiting at the front side of the driving direction due to the negligence in the course of duty while driving, was shocked into the front part of the left side of the Defendant’s vehicle.

Ultimately, the Defendant inflicted injury on the victim F (V, 52 years old) who was on board the damaged vehicle due to the above occupational negligence on the part of the Defendant: (a) the victim G (V, 51 years old); (b) the victim G (V, 51 years old); (c) the victim of the same vehicle, who was on the part of the same vehicle, was in need of approximately two-day medical treatment; (d) the victim was in need of approximately two-day medical treatment; and (e) at the same time, the damaged vehicle was in need of property damage to the total amount of KRW 3,742,530, and went away from the site without taking necessary measures, such as immediately stopping the damaged vehicle and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. A traffic accident report, notification of results of measurement of drinking alcohol, and output of the results of driving alcohol;

1. Photographss by cutting down a map and on-site photo, or by cutting off a fluor video of damaged vehicles;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes concerning car inspection specifications;

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts

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