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(영문) 수원지방법원 성남지원 2014.03.27 2013고단3069
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

1. On December 2, 2013, at around 21:58, the Defendant operated a C e-mail-type car under the influence of alcohol of about 10km from the 57 national highways of the 57th Yapo-si, Yapo-si, Yapo-si to the subdivision of Sungnam-si, to about 327 Doro-ro 12.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) and the Road Traffic Act (Non-accident after Accidents) provided that the Defendant operated the above Dog-in No. 57 national highway under the influence of alcohol on the date stated in Paragraph 1, and led the two-lanes of the two-lanes of the two-lanes of the Dog-based national highway from the lugical Tri-distance

At the time, the victim D(26 years old) driving car was in the same direction. In such a case, there was a duty of care to live well on the right and the right and the right and the right and the right and the right and the duty of care to safely drive the car.

Nevertheless, the Defendant neglected this and neglected the two-lanes on the above road, and neglected to do so, caused the above Belgium to the right side of the car at the left side of the car of the above Belgium.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim’s scams, etc. in need of approximately two weeks of medical treatment, and at the same time, did not immediately stop the car of the Belgium so that the 697,528 won of the repair cost is damaged, and runs away without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports and photographs of traffic accidents;

1. Notification of the control results of drinking drivers, and circumstantial statements of drinking drivers;

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

1. As to the punishment of the specific crime, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the aggravated punishment of the specific crime.

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