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(영문) 수원지방법원 성남지원 2014.10.30 2014고단2234
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 10, 2014, the Defendant was under the influence of around 05:10 and about 0.115% of alcohol concentration, and the Defendant was driving a BM3 car, which led to the running of the BM3 car, and the Defendant was under the influence of 10:15% of the 2-lane of the 448 BM3 car in Gwangju Metropolitan City, with one lane of the two-lanes of the roads in front of the kid branch office.

At this point, there is an intersection where signal lights are installed, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with good faith by reducing the speed and driving the motor vehicle on the front side.

Nevertheless, under the above circumstances, the Defendant was negligent in violating signal while neglecting this, and received the front part of the victim C(I, 59 years old)'s automobile of the victim C(I, I, 59 years old) who proceeded to cross-section from the left side of the Defendant's running direction to the right side of the road.

Ultimately, the Defendant, by negligence in the above business, caused the victim to suffer brain-dead symptoms requiring medical treatment for about three weeks, and at the same time, destroyed the victim’s car to be in excess of KRW 2,147,077, such as the exchange of the victim’s vehicle in front, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The actual survey report, the report on the occurrence of traffic accidents, and the report processing statement on 112 reported cases;

1. Notification of the result of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing field photographs, black boxes and video CDs;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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