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(영문) 수원지방법원 2019.10.18 2019고합386
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On April 24, 2019, the Defendant driven the said vehicle with a blood alcohol concentration of 0.130% 0.130%, while driving the said vehicle, and proceeding the private distance of an ancient hospital located in 123 as the savings deposit in the member district in Ansan-si in Ansan-si, Ansan-si, with a high cruel air basin from the long-distance outflow area in the central station, and led to the right bypass the area of the Ansan-do basin.

At all times, safety signs prohibited from bypassing are installed on a road, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle to prevent the accident in accordance with safety signs.

Nevertheless, while the Defendant neglected this and bypassed in violation of safety signs, the Defendant got a part of the victim C (the 26-year-old driving) driving, which was normally straight ahead of the right-hand side of the Defendant’s car driving direction, into the right-hand side of the Defendant’s car.

As a result, the Defendant got about three weeks from the above occupational negligence to the victim, and at the same time, went away without immediately stopping the vehicle and taking measures such as aiding the victim, even though it damages the repair cost of KRW 1,318,79, such as the exchange of the front offender, etc., and damages the vehicle to move back.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Traffic accident report, report on the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, and report on 112 case handling table;

1. On-site photographs of traffic accidents, the register of driver's licenses, suspect booms, photofluor photographs, and black records of suspect vehicles;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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