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(영문) 전주지방법원 남원지원 2014.04.22 2014고단42

특정범죄가중처벌등에관한법률위반(도주차량)

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CNFLI or other car.

On December 12, 2013, the Defendant, while under the influence of alcohol around 05:40 on December 12, 2013, driven the said car, and led to the passage of the instant car to the south long distance from the side of the Gyeongcheon Apartment Apartment apartment.

At the time of night, there was a duty of care to safely drive a person engaged in driving service by checking well the front left.

Nevertheless, the defendant neglected to do so and found it late to the right side by the victim D (year 53) who was under way in the opposite direction of the defendant's negligence while under the influence of alcohol, and brought it back to the right side, but the left side side part of the knick's loading box of the above knick was turned to the left side of the defendant's car, and the victim was forced to go beyond the road due to the shock.

Ultimately, even though the Defendant was negligent in performing such occupational duties as above, he did not immediately stop the victim and escaped without taking measures such as aiding and abetting the victim, even though he suffered from an gambling room and an inspection room for about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs, photographs of damaged hackers, and photographs;

1. As to the assertion of the Defendant and his defense counsel in three copies of the medical certificate, the Defendant and his defense counsel did not know that the vehicle driven by himself was shocked with the fingers, and accordingly did not know that the victim was injured, and they argued to the effect that the victim did not have any intention to commit the crime of escape, and thus, the above evidence is considered as a whole.