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(영문) 부산지방법원 2013.07.31 2013고단2727

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. The Defendant is a person engaging in driving service of BPoter cargo vehicles.

On April 25, 2013, the Defendant driven the above vehicle while under the influence of alcohol as set forth in Paragraph 2, and operated a two-lane road of the Eastwest-ro road in the vicinity of the access road to the Yellow-gu Busan Metropolitan City on April 10, 2013 at about 60km from the boundary of the open-water station to the port side, and changed the two-lane.

In this case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by safely changing the lanes in order to ensure that the driver of the motor vehicle is able to give advance notice of change of course by operating direction, etc. in advance, and the front, rear and left

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 31) who was driven by the two-lanes when he neglected to change the two-lanes of the vehicle and was driven by the victim C(the age of 31) with the front part of the said cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as dump of the bones of verts requiring medical treatment for about two weeks, while at the same time, the Defendant destroyed the said car to the extent that repair cost, such as 1,219,790 won, such as color, and escaped without taking necessary measures, such as stopping the vehicle, and providing relief to the victim.

2. On April 25, 2013, at around 10:40, the Defendant driven B Poter cargo at a distance of about 10km from the front of the pactane located in the school district of the Busan Seo-gu, Busan, to the front of the access road to the Yellow-gu, Busan, through the Eastwest-gu, the road in the vicinity of the access road to the Yellow-gu, Busan, while under the influence of alcohol content of 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.