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(영문) 수원지방법원 평택지원 2013.05.15 2012고합435
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. The defendant is a person engaged in driving a motor vehicle with C low bid.

At around 01:10 on October 16, 2012, the Defendant driven the above van, and proceeded at a speed near the Gongdo-ro road located in the mouth of the Simsung-si in the safe city with a view to an insular slope from the inner bank of the Simsung-si.

The driver of a motor vehicle has a duty of care to prevent accidents by safely manipulating the steering direction and brake system without breaking the central line.

Nevertheless, the Defendant, under the influence of alcohol, eM3 automobiles driven by the victim D(the age of 26) who is running in the opposite lane due to the occupational negligence in the center line, was shocked by the Defendant’s right side on the right side of the vehicle.

As a result, the Defendant suffered injury to the victim D, such as light salt and tensions, which requires approximately two weeks of medical treatment by occupational negligence as above, and at the same time, escaped without destroying the said SM3 car and taking necessary measures to ensure that the repair cost is equivalent to KRW 500,000.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a level of about 15 km from the front of the Gelimary and family park in front of the Gelim apartment, which is located in the Melim Do-Eup at a temporary border, to the front of the Gelim apartment in the same Ri, while under the influence of alcohol of about 0.234% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of F and G;

1. Traffic accident report, report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. A written diagnosis and written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. The accident under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), Article 268 of the Criminal Act, and Articles 148 and 54(1) of the Road Traffic Act regarding criminal facts.

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