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(영문) 수원지방법원 2019.07.11 2018고단7513
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BranHG car.

On February 26, 2018, the Defendant driven the said car on February 26, 2018, and proceeded along the two lanes in front of the D cafeteria in Young-gu, Suwon-si, according to one-lane in the direction of the network calendar distance from the direction of the new tree death distance, and changed the two-lane lines.

At the time, since vehicle traffic has a large time to work, a driver has a duty of care to prevent accidents by accurately manipulating the front and rear and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant got the front part of the driver’s seat of the golf car driven by the victim E (the age of 27) who had been normally driven in the second line due to the negligence of changing the car string by neglecting it, and received the front part of the driver’s seat of the car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed the said golf car to cover repair costs of approximately KRW 4,952,310, and escaped without any necessary measures, such as stopping the car and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. A written statement of E and G;

1. A traffic accident report (1) and a traffic accident report (2);

1. A traffic accident-related photograph and a traffic accident-related photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;

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