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(영문) 대전지방법원 2015.08.19 2015고단1685

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 also a person who is engaged in driving a passenger car.

On 00:28 on 01.04. 00:01.01.00, the Defendant, at the same time, proceeded two lanes in front of the new village street in the Seo-gu, Seo-gu, Seo-gu, Seoul, in the direction of the Bupyeong Elementary School in the direction of the Bupyeong Elementary School in the direction of the Week.

In such cases, since the center line of the yellow-ray is installed, it is necessary to accurately operate the steering gear and brakes so that accidents can safely proceed to the central right, prevent accidents in advance, and to take necessary measures such as immediately stopping and checking damage caused by traffic accidents.

Nevertheless, due to the negligence of 0.127% under the influence of alcohol concentration, the full part of E business driven by the victim D (Nam, 37 years old) who was driven by the right-way direction in the direction of the mati-vehicle from the Daejeon Yellow Sene, was received as the front part of the mati-vehicle.

Ultimately, through occupational negligence as seen above, the victim suffered bodily injury, such as catitis that requires approximately three weeks of treatment, and caused a traffic accident that damages property worth approximately KRW 1,522,988 at the market price of the damaged vehicle and escaped from the site without any measure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and D;

1. The actual condition survey report;

1. On-site photographs;

1. Report on the entry into an employer and circumstantial statement;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 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. Crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the sentence is chosen, and the drinking run;