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(영문) 춘천지방법원 강릉지원 2015.09.24 2003고단1570

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 car in CELA.

On September 22, 2003, under the influence of alcohol concentration of 0.067% on blood alcohol level, the Defendant: (a) by negligence turn to the left without examining whether there is an intersection by reducing the speed without looking at the front line while driving the said vehicle in front of an E Agency located in D at the same sea; and (b) by negligence without checking whether there is an intersection by reducing the speed while driving the said vehicle into an access road to the same apartment from the narrow side of the narrow side of the narrow side; (c) by negligence of the victim F (n, 33 years old) driving in front of the upper right side of the driving vehicle of the victim who runs directly from the left side of the moving direction, driving the said vehicle in front of the Defendant’s driving vehicle and caused the victim to take measures necessary for treatment for about three weeks; (d) the victim H (10 years old) to drive the damaged vehicle in front of the damaged vehicle without causing damage to the affected vehicle, and (e) the victim did not immediately stop the vehicle in front of the road; and (e) the damaged vehicle without causing damage to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 268 of the Criminal Act; Articles 106 and 50 (1) of the former Road Traffic Act (amended by Act No. 7545, May 31, 2005; hereinafter the same shall apply); Articles 107-2 subparagraph 1 and 41 (1) of the former Road Traffic Act (amended by Act No. 10210, May 31, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles and Vehicles].