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(영문) 춘천지방법원 영월지원 2013.06.21 2013고단194

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) the Defendant is a person engaging in driving a passenger car B.

On March 31, 2013, the Defendant driven the above car at around 20:07, and made the front distance of the office of education in front of the Pyeongtaek-gun, Pyeongtaek-gun, Pyeongtaekwon-gun, Chungcheongnam-gun, to turn to the left at the right at the right angle from the right edge of the Pyeong High School.

Since there is an intersection where yellow fluor is installed, the defendant, who intends to turn to the left, had a duty of care to safely turn to the left and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not report that the bicycles driven by the victim C (n, 62 years of age) enter the intersection in the opposite direction and did not turn to the left, and did not turn to the left, and received the front wheel part of the said bicycle as the front gate part of the said bicycle, and had the victim go to the floor.

Ultimately, even though the Defendant, by negligence in the above business, sustained an injury to the victim, such as the saved base for treatment for about two weeks, he immediately stopped and escaped without taking measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant again driven a car in the Boldo while under the influence of alcohol leveling 0.085% of alcohol level from the portion of about 4km to the above Lyolel parking lot via the place of accident set forth in paragraph (1) from the Lyinagu, Pyeongtaek-gun, Pyeongtaek-gun, Pyeongtaek-gun, Youngwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. A medical certificate;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, and report on detection of a drinking driver;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (accident scene situations, etc.);

1. Relevant Articles of the Act concerning the facts constituting the crime;