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(영문) 의정부지방법원 2013.11.19 2013고단3642

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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 of the final judgment.

Reasons

Punishment of the crime

Defendant is a person who is engaged in driving of Bsch Rex tons vehicles;

1. On September 5, 2013, while under the influence of alcohol at 0.135% of the blood alcohol concentration, the driver is at the speed of the Si speed of the two-lanes of the two-lanes of the two-lanes, using the above vehicle, using the above vehicle to ensure that the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the irrigation room, and the two-lanes of the two-lanes of the two-lanes of the irrigation room, while the driver is at the time of the road where the signal apparatus and crosswalk are installed, the driver has a duty of care to safely proceed with the operation of the road at the time of the front bank while driving the road at the same time, while neglecting the duty of care to safely proceed with the operation of the victim C(59 years of age) who stops in the front bank, and instead, by taking the aforementioned part as the front part of the motor vehicle, the driver is at the same time 200-day and 10 bit.

2. On the other hand, while continuing to stop the next stop in the vicinity of the same e-mail crossing, the victim E, who was a director after being informed of the accident and talked with the victim E, who was called for the accident, was on board again on the said e-mailton vehicle, and the above E-management was able to receive the front part of the e-mailer's driver's seat in front of the said e-mail driver's vehicle and then escape without taking any measures to damage the repair cost of KRW 1,047,528.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Written estimate and written diagnosis;

1. A report on detection of a host driver;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of physical damage);

1. Article applicable to criminal facts;

A. The point of escape after occupational injury: Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.