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(영문) 부산지방법원 2014.11.26 2014고단7738

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around 23:10 on May 23, 2014, the Defendant: (a) driven a Bone Star bus at a section of about 500 meters from the 50-meter radius to the front road of the Western Elementary School located in the 2nd Seo-gu, Busan Metropolitan City from the 2nd city to the 3rd city in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of Bone Star Cors.

On May 23, 2014, at around 0:10, the Defendant driven the above maid vehicle with a blood alcohol concentration of 0.097%, and led to a road of about 20 km in front of the Western Elementary School located in the 3 west-gu Busan Geum-gu, Seog-gu, Busan to the west-dong speed of about 30 km in speed.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to prevent accidents in advance by thoroughly driving the vehicle in front and safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not properly look at the front line under the influence of alcohol, and was negligent in proceeding with the center line, and received the front portion of the victim C(A, 62 years old) driving in the opposite line, and received the front part of the said passenger car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in which the two-way treatment is required, and at the same time, the repair cost, such as the exchange of front-wayers, destroyed the said vehicle to the extent that the repair cost is equivalent to KRW 1,151434, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a traffic accident occurrence report, on-site and vehicle photographs, and a driver's license report;