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(영문) 수원지방법원 성남지원 2018.09.06 2018고단1331
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a franchise-low-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On June 1, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.155% from blood transfusion around 16:30 on June 1, 2018, and led the front road of Gwangju City to the direction of tolerance from the direction of the transmission-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant was found to have immediately discovered that the Defendant’s negligence in driving while under the influence of alcohol due to the negligence of the Defendant’s negligence while driving the breath vehicle in the front room of the victim E (26 years old) and the breath vehicle in the front part of the Defendant’s vehicle, and received the rear part of the said breath vehicle.

Ultimately, the Defendant, by such occupational negligence, immediately stopped the victim E, and escaped without taking necessary measures, such as providing rescue to victims, even though the Defendant sustained injuries, such as salt ties, tensions, etc. in the light that require approximately two-day medical treatment, and the victim G (the 26-year old-age-old), who is the passenger of the damaged vehicle, suffered injuries, such as climatic salt, tensions, etc. in need of approximately two-day medical treatment, and at the same time, damaged the damaged vehicle to receive approximately KRW 654,48 of repair cost, such as the exchange of libs, and escape from the scene.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a chodo motor vehicle at approximately 1 km from the frequency front side of the city of Gwangju to the roads of the same city from about 0.15%, while under the influence of alcohol at the time of the day indicated in paragraph (1).

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. A written statement of the occurrence of G traffic accidents;

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