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(영문) 창원지방법원 마산지원 2015.06.24 2015고단386

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

Punishment of the crime

The defendant is a person who drives a B E-car.

1. On March 15, 2015, the Defendant driven the above 11km car from the front side of a fishing place located in the Seongdong-gu, Sungwon-si, Sungwon-si, Changwon-si, to the road near the Yan apartment house located in Changwon-si, Changwon-si, Changwon-si, under the influence of alcohol by 0.16% of blood alcohol level around 16:18.

2. Around 16:18 March 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (ADF) driving the said MD car, and driving the said MD car along one lane in the direction of a monthly square at the vibration room.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering gear and brakes, and to live well before, after, after, after and after the driving of the motor vehicle.

Nevertheless, as stated in Paragraph 1, the Defendant received the back portion of F. M&A car driven by the victim E, which was in the front part of the said M&A car due to the negligence of driving under the influence of alcohol as stated in Paragraph 1.

The Defendant, by such occupational negligence, suffered injury to the victim E, such as salt, tension, etc. of the bones of a wood, which requires medical treatment for about two weeks, and suffered injury to the victim G, who is a passenger of the said mountain saf car, such as salt, tension, etc. of the bones of a wood that requires medical treatment for about two weeks, while destroying the said mountain saf car to bring about KRW 2,325,684, such as repair cost, such as replacement of safs and replacement of safs, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H prepared by the police;

1. A report on the arrest and accompanying of the victim of a marine accident;

1. The actual condition survey report;

1. A report on detection of a host driver, and a report on the circumstances of a host driver;