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(영문) 창원지방법원 2014.11.25 2014고단2225

특정범죄가중처벌등에관한법률위반(도주차량)등

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2014, around 04:15, the Defendant, who is engaged in driving of the BM5 car, was driving the road in front of the 444-day Mademing Hospital, which is located in the 4444 in the Mademing SM5 car, along one-lane from the direction of the Mademing Madembar to the direction of the Mademing Madem.m.

At the time, it was difficult to view at night, so in such a case, there was a duty of care to safely drive the steering employee by accurately operating the steering and steering gear.

Nevertheless, due to negligence that the Defendant, while under the influence of alcohol, was unable to see the front door and proceeded as it is, the Defendant was driven by the victim D(33 years of age) who was driving in the same direction at the front part of the said car operated by the Defendant, following the E-learning car driven by the victim D(33 years of age).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above. At the same time, the Defendant, even though the repair cost of KRW 1,708,700, which the victim driven, was destroyed to the extent that the repair cost of KRW 1,708,700, was destroyed, and escaped without taking necessary measures, such as providing relief to the victim.

2. On the date specified in Paragraph 1, the Defendant was driving the said SM5 vehicle in the state of alcohol of about 1km from the Do in front of G cafeteria operated by the Defendant, to the front road of the K cafeteria in approximately 444 meters, to the day of the K cafeteria in front of the G cafeteria, in which the blood alcohol concentration is 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Criminal Act;