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(영문) 창원지방법원 통영지원 2014.06.19 2014고단222

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 who is engaged in driving a Crane car.

On March 15, 2014, the Defendant driven the said car with a alcohol concentration of 0.085% 0.085% at the blood alcohol level on March 23:15, 2014, and led to driving the vehicle in front of the Tong-ri Vocational Professional School located in the north-dong at Dong-si, Young-si along a one-lane from the north-do from the north-west elementary school.

In the vicinity of the intersection, there were vehicles waiting for a stop signal in front of the defendant's running direction at the time, so there was a duty of care to safely drive the vehicle by checking the front side well.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and received the part of the lower court’s NEW ENF Laol car of the victim D (ma, 71 years old) who was stopped according to the stop signal with the front part of the Defendant’s car.

The Defendant, by negligence in the course of performing the above duties, sustained injury by light finites, etc., which requires approximately two weeks of treatment, and at the same time, escaped without immediately stopping the aforementioned NEW EF rocketing, even though she damaged the repair cost to have approximately KRW 550,100, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Four copies of the on-site and vehicle photographs related to accidents;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Market and Violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), and punishment shall be imposed;