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(영문) 광주지방법원 2013.05.09 2013고단1180

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

The Defendant is a person engaging in driving a rocketing taxi.

On November 8, 2012, the Defendant, while under the influence of alcohol at 0.115% of blood alcohol concentration around 23:10, the Defendant was driving at the one-lane of the roads above the Young-si, Young-si, U.S., Muak-si, U.S., and was driving as B rocketing taxi as a part of the one-lane of the one-lane of the roads above the Young-si, U.S., and was driving as the side of

A person engaged in driving service shall not overtake another vehicle on a bridge, and when intending to overtake another vehicle, he/she shall overtake the vehicle at a safe speed and in a safe manner by paying due attention to the traffic in the opposite direction and the traffic in front of the vehicle ahead, and there was a duty of care to avoid driving under the influence of alcohol.

Nevertheless, the Defendant neglected this and took part of the part of the observer’s left side of the said observer’s car before the front of the front of the Defendant’s driving vehicle due to the Defendant’s negligence in passing the D observer’s car driven by the victim C (the age of 32).

As a result, the Defendant, by such occupational negligence, sustained injury to the victim E (the 55 years old) who was on board the observer of the said observer car by causing about two weeks of injury to the victim E (the 55 years old), such as an unknown scar in detail, which requires the above observer’s treatment, and, at the same time, attempted to immediately stop the said observer car to move into the 2,304,716 won, without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement C (excluding the second written statement of statement of the defendant, which is the cross-examination of the defendant);

1. Examination of the evidence of each traffic accident, the actual condition survey report, and the map at the scene of the accident;

1. A report on detection of a host driver;

1. Application of the Acts and subordinate statutes of C, E, written estimate (D);

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 committed.