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(영문) 대전지방법원 2013.11.25 2013고단3840

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a motor vehicle with a hived motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or in violation of the Road Traffic Act).

On September 1, 2013, the Defendant driven the said car at a speed of 0.168% with a blood alcohol concentration of 0.168% on September 1, 2013, and driven the said car at a speed of 1-lane 3-lane in front of KT in Seo-gu Daejeon, Seo-gu, Daejeon, along the intersection, from the distance of the Driyang University to the lower lower-lane.

In case of changing the vehicle line to a person engaged in driving service, there was a duty of care to prevent the accident in advance by changing the vehicle line through operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to change the car line to the right side of the Defendant, and thereby, took part of the victim C (the 38-year-old driver)’s driving of the said place along the two-lanes on the right side of the Defendant’s driving vehicle.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim C and the victim E (the 41-year-old passenger car) who is a passenger of the above X-ray car, with approximately two weeks of injury to the acute climatic base, etc. in need of medical treatment, suffered from the victim F (the 5-year-old passenger) who is another passenger, an acute climatic base that requires medical treatment for about one week, and at the same time, escaped without taking necessary measures, such as destroying the above X-ray car to the extent that the repair cost, such as the upper left pent-ray seal, is 583,870 won.

2. The Defendant, in violation of the Road Traffic Act, driven the above X-ray car under the influence of alcohol concentration of 0.168% at the above time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Each police statement of C and E. 1.