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(영문) 수원지방법원 2016.11.30 2016고단4668
특정범죄가중처벌등에관한법률위반(도주차량)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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) is a person engaged in driving a driver’s license with CFF.

On June 16, 2016, the Defendant driven the above vehicle on June 16, 2016, and proceeded directly from the 2nd office to the efficiencies of the company bank, 875-1 corporate bank, Jinan-dong.

Since the place is concentrated on commercial buildings, there are many pedestrians, a person engaged in driving business has a duty of care to check whether there is no pedestrian or not, and to proceed safely.

Nevertheless, the Defendant neglected this, while drunkly driven by 0.149% of blood alcohol content, and went away without taking necessary measures, such as providing rescue to the victim, who had driven the above vehicle by negligence and driven the above vehicle into the right side part of the victim D (the age of 35) (the age of 35) which was proceeding in the direction opposite to the right side of the Defendant vehicle, and got injured by the above victim about two weeks of treatment, such as the right side part, the water dump, the water dump, the water dump, etc., which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a c course-down vehicle under the influence of alcohol concentration of 0.149% from the front day of the Jinna on Jindong in the Jinsung-dong at the same time to the front day of the same company bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. The actual condition survey report;

1. A report on the state of the operation of a motor vehicle;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of imprisonment with prison labor for each case;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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