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(영문) 의정부지방법원 2014.07.17 2014고단1618

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 of the final judgment.

Reasons

Punishment of the crime

On May 7, 2014, the Defendant is a person driving Cworka car, and driven a rocketing car with a blood alcohol concentration of 0.172% at the 0.172% around 72:40 on May 7, 2014, and led the two weeks to the intersection of the ritropt distance located at 1416-day in the two weeks of peace.

At night and at that time, there are private-distance intersections in which traffic signals, etc. are installed, so the driver of the motor vehicle had a duty of care to live well in the front left and safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

However, while neglecting the above duty of care, the Defendant was negligent in proceeding with the stop line, and the part of the victim D (34 years old) driving in front of the E-car driven driven by the traffic signal from the right side of the passenger car driving direction to the left side of the Defendant’s car driving direction was received as the front side of the Defendant’s car.

The Defendant, by the foregoing negligence, sustained injury to saves, etc. by saves that require treatment for about two weeks, and, at the same time, escaped without immediately stopping the saves to the extent that the repair cost, such as the exchange of saves, would have been damaged to the extent of KRW 1,201,708, and without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the results of the control of drinking driving, the circumstantial report on drinking drivers, and the report on whether to drive any danger;

1. A written diagnosis and written estimate;

1. Application of the practical survey report, field photographs statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.