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(영문) 의정부지방법원 고양지원 2015.05.08 2015고단81

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than one year and six 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 DNA truck.

On November 29, 2014, at around 23:59, the Defendant driven the said truck while under the influence of alcohol of 0.180%, and driven the said truck along the two-lanes, driving the three-lane road in front of the Yongsan-gu Incheon Metropolitan City E, Seoyang-gu, the direction toward the bending side of the mountain village.

At night, it was difficult to view at night. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent the occurrence of traffic accidents in advance by safely driving the steering system, such as making it possible for the person engaged in driving a motor vehicle to take the front side and left side of the course and operating the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim F (53 years old, China's nationality) who crosses the road to the right side of the direction of the road by neglecting it and neglecting it, and used the part of the victim's body in front of the left side of the said truck on the road.

The Defendant, by such occupational negligence, caused the victim to suffer injury to the right-side executives in need of medical treatment for about 16 weeks, and immediately stopped and escaped without any necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement;

1. The actual condition survey report, the master-class driver report, the driver's license register, the investigation report (applicable with the Ba mark), and the medical certificate;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.