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(영문) 광주지방법원 2015.04.30 2014고단4836

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Cunst Motor Vehicle.

On August 25, 2014, at around 19:40, the Defendant driven the said car under the influence of alcohol concentration of 0.060%, and led to two-lanes of the national highways E, which are in Yong-Namnam-gun D, from the legal side, to the Young-Eup.

However, since there was a place at the time, there was a duty of care to reduce the speed as a driver and to drive safely by checking the front, rear, and left well.

Nevertheless, under the influence of alcohol, the Defendant: (a) driven by the Victim FF (year 51) who was driven along the second line while driving a vehicle with the two lanes while he was negligent in driving the vehicle; (b) 1 ton of the cargo vehicle in the front part of the Defendant’s vehicle.

In the above occupational negligence, the Defendant suffered injury, such as cage cages, etc., to the victim F in need of approximately 4 weeks of medical treatment, and the victim H (20 years of age) from the part that requires approximately 2 weeks of medical treatment, and at the same time, the Defendant destroyed the above cage cage cage cage cage cage cage cage cage cages, etc., and escaped without taking necessary measures, such as aiding the casualties and removing traffic obstruction.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to field photographs, actual survey reports, each written diagnosis, investigation reports, reports on the detection of a host driver, and estimates for repair;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, Article 54 (1) of the former Road Traffic Act (Amended by Act No. 12343, Jan. 28, 2014); Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;