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(영문) 부산지방법원 2014.03.19 2013고단9401

특정범죄가중처벌등에관한법률위반(도주차량)등

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

1. The defendant is a person engaged in driving CK5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On November 26, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.166% of blood alcohol concentration around 01:40 on November 26, 2013, and proceeded the four-lanes in front of the Seocho-dong Hyundai Sea in Busan, Busan, with two-lanes from the vicinity of Busan to the intersection of 60K at a speed.

At the time, there are nights, and there was a vehicle in the signal atmosphere for a U-turn or left-hand turn at the front side, so there was a duty of care to prevent accidents in advance by accurately manipulating the front left and the steering system.

Nevertheless, under the influence of alcohol, the Defendant did not find the E-tax of the victim D (the 67-year-old) driving waiting in the Uton signal in one lane due to negligence while neglecting this, and received the above 1st part of the driver's license in front of the left side of the said vehicle that the Defendant driven.

The Defendant, by such occupational negligence, sustained injury to the victim D and the passenger F (37 years of age) of the victim on board the said taxi by each two-day medical treatment, and, at the same time, did not immediately stop the said taxi so that the passenger would suffer repair expenses, but did not take necessary measures such as providing relief to the victim.

2. Around 01:43 on the same day, the Defendant driven the said vehicle under the influence of alcohol content 0.166% from the section of approximately 3 km from the road in front of the trade name in Bupyeong-dong in Busan, Jung-gu to the intersection in the Dongcheon-dong, Dongcheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Traffic accident reports, host drivers' reports, vehicle photographs, and medical certificates, respectively, shall be governed by the Acts and subordinate statutes;