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(영문) 수원지방법원 2015.04.08 2015고단238

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving of B carren vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unsever after accidents);

around 04:25 on December 27, 2014, the Defendant came to turn to the left at about 5 km as soon as possible from the electric room to the telecom.

Since there is a private distance intersection that operates on-and-off signal, the defendant engaged in driving service has a duty of care to safely drive by examining whether there is another vehicle driving at the intersection.

Nevertheless, the Defendant neglected to do so and did not see that the Fystasi driven by the victim E by occupational negligence entering the intersection while under the influence of alcohol would not proceed to the intersection on the front side of the room where the victim E was placed on the her port side, and received the right side of the damaged vehicle as the front part of the said Defendant’s vehicle.

The Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt and tension in a scule that requires approximately two weeks of treatment, and, at the same time, did not immediately stop the damaged taxi so that it can amount to KRW 8,636,637, and escape without taking measures, such as providing relief to the victim, even though it damages the damaged taxi.

2. The Defendant violated the Road Traffic Act (driving) at a time under paragraph (1) of this Article, while under the influence of alcohol by 0.232% of blood alcohol content, the Defendant operated the B carren vehicle owned by the Defendant from the front of the wife G apartment at the time of the Defendant’s residence to the front of the rith police box located in the same 150 meters away from the front of the rithic police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident occurrence report;

1. Response to the request for appraisal;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Duties under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act with respect to criminal facts;