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(영문) 서울북부지방법원 2015.08.20 2015고단1707

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

The defendant is a person who is engaged in driving a B knife vehicle.

On April 10, 2015, the Defendant driven the said passenger vehicle while under the influence of alcohol 0.157% of alcohol level 0.56, and driven the said passenger vehicle at a speed of 30km/h of speed at a speed of 30km/h of speed, one lane between the two lanes in the direction of sex and the two lanes in the front side of the heat consolidated power plant.

A person engaged in driving service has a duty of care to accurately operate the steering system, brakes and other devices of the vehicle, and to refrain from driving in such a speed or manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant is under the influence of alcohol by violating this provision.

The back part of the DNA learning car driven by the victim C(the age of 65) who driven in front of the same lane was inferred into the front part of the defendant's van.

The Defendant: (a) by such occupational negligence, caused the injury of the victim C or the victim E (the age of 61) who was accompanied by a frighting passenger car to the victim E (the age of 61); and (b) destroyed the above frighting passenger car to be treated for about two weeks; and (c) did not take necessary measures such as providing relief to the injured, even if the said frighting passenger car was damaged to be 318,468 won as repair cost, and went away

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E;

1. Medical certificate (No. 14, 15 No. 5);

1. Written estimate;

1. A report on detection of a host driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes, such as photographs of damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving a motor vehicle);

1. The Commercial Concurrent Crimes Act.