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(영문) 창원지방법원 통영지원 2015.09.02 2015고단546

특정범죄가중처벌등에관한법률위반(도주차량)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

Criminal facts

On March 3, 2015, when the Defendant was under the influence of 0.140% of blood alcohol level 0.10%, the Defendant: (a) driven a le-lane 2-lane road adjacent to the Gosung-gun Office of Education in Gyeongsung-gun, Gosung-gun; and (b) was negligent in performing the duty of e-mailing under the influence of alcohol while driving at a speed of about 40km depending on the speed of about 40km from the surface of the east-gun apartment room in the East-gun, Gosung-gun, Gosung-gun; and (c) was negligent in performing his duties while driving the e-ray apartment at a speed of about 40km in the speed of speed; (d) the Defendant was trying to drive the e-ray 44 years old; and (d) the Defendant was trying to drive the e-ray part of the said e-motor vehicle owned by the victim C (the e-ray 2 years old).

By doing so, the victim E suffered injuries, such as salt and tensions, which require approximately two weeks of medical treatment, and at the same time, the above cargo vehicle was damaged to cover approximately KRW 1,243,218, and damaged drinking water equivalent to the market value of KRW 1,880,40,00, which was loaded on the above cargo vehicle, and escaped without taking necessary measures, such as providing relief to the victim, even if the above rocketing car was destroyed to cover approximately KRW 400,000,000,000, which was loaded on the above cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances and report on the detection of such a driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. A written agreement;

1. Application of the photographic Acts and subordinate statutes;

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, 54(1) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime.