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(영문) 수원지방법원 안산지원 2013.07.17 2013고단1167

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 Grand bus in the Republic of Korea.

On April 10, 2013, the Defendant driven the above van while under the influence of alcohol of 00:40% of the blood alcohol concentration of 0.10%, and led the Defendant to drive the above van along the road of the 3rd line in front of the Geum River apartment in the Sinung-si, Sinung-si.

At the time, in order to make a U-turns a night and enter the left-hand or U-turns, there was a duty of care to reduce the speed and to operate a direction direction, etc. to give notice of change of course, and to change the vehicle line by properly examining the traffic conditions of the front and rear left-hands.

Nevertheless, the defendant neglected this and went to the left or to the left-hand turn from the right-hand turn behind the moving direction due to negligence that entered the U-turn road as it is, the defendant received the front part of the Daltob, which the victim C(the age of 14) drives, from the left-hand side of the above letob, and had the victim go to the floor along with the letoba.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the closure and cutting of the Alley Group accompanied by a slope, such as requiring the victim to receive approximately five weeks of medical treatment, etc., and at the same time, did not take measures such as providing relief to the victim, even though the said Alley Group, etc. was damaged to an extent equivalent to KRW 1,865,00,000, and escaped without taking measures, such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A traffic accident occurrence report;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Photographs;

1. Each report on investigation;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;