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(영문) 부산지방법원 2016.10.28 2016고단4660

특정범죄가중처벌등에관한법률위반(도주치상)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 engaged in the operation of the B-to-pur vehicle.

On June 29, 2016, the Defendant driven the said vehicle with a blood alcohol concentration of 0.212% 0.2% around 23:15, while driving the said vehicle, and driving the two-lane road in front of the D department C located in Busan coastal Zone C at a speed of about 30km from the intersection to the intersection, depending on two-lanes on the speed of the speed of 30km from the intersection. On duty, the Defendant, due to negligence in the course of business, stops on the above two-lane right side of the victim E-driving, who stops on the right side of the said vehicle, was driven with the front-way part of the said vehicle, and received from the victim G(53 years old), who continued to stop in that way, the rear-side part of the victim G (53 years old), or the rear part of the pent and the rear part of the said vehicle, to the right side part of the said vehicle.

The Defendant suffered from an injury to the victim G, such as climatic salt, tension, etc. requiring approximately two weeks of medical treatment, and at the same time, the Defendant destroyed the victim G H rocketing taxi to be damaged by KRW 70,380, and suffered from an injury to the climatic salt, tension, etc. requiring approximately two weeks of medical treatment to the victim E, and at the same time, escaped without taking necessary measures, such as providing relief to the victim by immediately stopping the climatic taxi to ensure that the 703,578 won of repair cost is 70,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, G, and E;

1. A traffic accident statement prepared by the J;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each internal investigation report (No. 13,14 of the evidence list), each investigation report (No. 16,20,22,24 of the evidence list);

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, and the Road Traffic Act as to the crime in question.