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(영문) 수원지방법원 안양지원 2013.08.13 2013고단737

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a B knife vehicle.

On June 1, 2013, at around 21:50, the Defendant driven the above van while under the influence of alcohol with 0.173 percent of blood alcohol concentration, and became left left the right turn in the direction of the border in Seoul, depending on one-lane between six-lanes.

Since there are three-distances where signal apparatus is installed, the defendant engaged in driving service has a duty of care to drive safely by driving the signal apparatus on the front side according to the direction of signal apparatus.

Nevertheless, while under the influence of alcohol, the Defendant neglected to turn to the left as it was due to occupational negligence in violation of the signal and received the left part of the victim C(33 years old) driving benz car in accordance with the Seoul direction from the direction of Seoul to the left part of the said benz car with the left part of the said benz.

Ultimately, even though the Defendant suffered from the injury of the c and the e (V, 39 years old), each of the aforementioned occupational negligence, the Defendant stopped immediately and escaped without taking necessary measures, such as providing rescue to the victims, even though he/she did not suffer from the injury of the c and the c and the 39 years old.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of C and E;

1. A written statement of each traffic accident-related person;

1. Application of Acts and subordinate statutes to each medical certificate, each written order issued by a master driver, and the written report on the status of the master driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed in the corresponding Article of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;