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(영문) 의정부지방법원 2016.04.07 2015고단4377

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On August 21, 2015, the Defendant driven the above vehicle while under the influence of alcohol level of 0.259% in the blood alcohol level around 22:10, and driven the three-lane distance in front of the D in the two weeks in both cities in the Gyeonggi-si, the Defendant proceeded at approximately 40km in speed, depending on two lanes towards the sublim elementary school from the moving distance.

At that time, there is an intersection where signal lights are installed, and since the victim E (22 years old) drives ahead of the same direction followed by the behind the FCA 110 Obane, there was a duty of care to reduce speed and secure a safe distance and to proceed in accordance with the new code.

Nevertheless, the part of the front part of the vehicle driven by the defendant due to a sudden fault and the rear part of the vehicle driven by the defendant is pushed down, due to the shock, and the vehicle is being pushed down in the future, and the collision between the rear part of the vehicle driven by the victim G(54 ) who was stopped in the front side of the vehicle under the stop signals in the front side of the vehicle driven by the victim G(54 ) and the vehicle driven by the victim I (19 e.g., the victim I (19 e., the vehicle driven by the defendant) who was parked in the front side after the collision, and then stopped the front part of the vehicle driven by the defendant.

Ultimately, the Defendant caused the victim K (n, 51 years of age) who was accompanied by the Defendant’s negligence in the above occupational negligence, suffered injury, such as cryp fat, etc. in need of approximately two-day medical treatment, and at the same time, 259,838 won of repairing the said dyp fat vehicle operated by the victim I, without taking necessary measures, such as aiding the damaged person, even though he destroyed the dyp fat vehicle operated by the victim I to become approximately KRW 90,000,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, and I;

1. The report on the occurrence of a traffic accident, the notification of the results of crackdown on drinking driving, and the statement of the circumstances of driving at drinking; and