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(영문) 의정부지방법원 고양지원 2016.06.30 2016고단391

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 24, 2016, the Defendant is a person who is engaged in driving CA car, and the Defendant was under the influence of alcohol leveling 0.063% of blood in front of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the same day, while driving the said car without a driver’s license, and driving it on the side of the Frith of the Frith of the Frith of the Republic of Korea.

Since there is a place where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the new subparagraph by reducing speed and keeping the right and the right of the driver.

그럼에도 불구하고 피고인은 이를 게을리 한 채 차량 진행 신호가 정지 신호로 바뀌는 것을 무시하고 그대로 진행한 과실로, 진행 방향 맞은 편 도로에서 문산읍 쪽에서 월 롱 역 쪽으로 좌회전 신호를 받고 좌회전 하던 피해자 D이 운전하는 E 렉스 턴 승용차를 정면 충돌하여 위 렉스 턴 승용차가 튕겨 나가면서 한 바퀴 돌아 뒤따라 좌회전 하던 피해자 F이 운전하는 G 쏘나타 택시를 충돌하였다.

Ultimately, the Defendant, by such occupational negligence as above, injured the victim D with brain-dead, etc. without an open room for treatment for about three weeks, and destroyed the vehicle repair cost of KRW 7,744,801 to make 7,700 of the vehicle repair cost of the victim F to move away from the site without immediately stopping and leaving the scene, even though the victim F was at the same time injured the climatic salt, tension, etc. requiring approximately two weeks medical treatment, and at the same time damaged the vehicle repair cost of KRW 989,426 of the vehicle repair cost of the victim, the Defendant did not take measures such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Each written diagnosis;

1. Written estimate;

1. Reports of traffic accidents, inquiry into the results of regulating drinking driving, and the application of Acts and subordinate statutes to the ledger of driver's licenses for motor vehicles;

1. Each of the relevant Articles of the Act concerning the facts of crime;