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(영문) 부산지방법원 2015.01.14 2014고단8634

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

【Criminal Power】 On September 22, 2006, the Defendant was sentenced to a fine not exceeding 3 million won due to a violation of the Road Traffic Act (driving) at the Busan District Court’s branch court’s branch court, and there was a record of being sentenced to a fine not exceeding twice for the same crime.

【Criminal Facts】 The Defendant is a person engaged in driving a vehicle BM5 vehicle.

1. On August 1, 2014, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.177% from a distance of about 200 meters from the front of the gold market located in the hot spring dong of Busan to the next accident site at around 22:35, 2014.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (U.S.) have been driven by the above-mentioned vehicle at the temporary border, and the defendant has driven the above vehicle at the speed from the vicinity of the gold market to the Geum River elementary school without the median line prior to the Busan Bank's happiness welfare point.

Since the former bank is an intersection where signal lights are installed, the driver has a duty of care to reduce the speed and operate safely according to the new code.

Nevertheless, the Defendant neglected this and was negligent in proceeding with a stop signal under the influence of alcohol and received the front wheels of the victim C(52 years old) driving through the intersection according to the progress signal from the victim C(52 years old) to the left side of the said car and then to the pent part.

Ultimately, the Defendant, by the above occupational negligence, suffered from the victim’s loss on the left-hand hand in need of medical treatment for about two weeks, and at the same time, destroyed the above two-wheeled automobile to have an amount equivalent to KRW 2,985,00, but escaped without immediately stopping and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. C’s statement;

1. The actual condition survey report and the occurrence of traffic accidents;