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(영문) 의정부지방법원 고양지원 2013.04.10 2013고단280

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for nine 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 driving a motor vehicle B as a duty.

On 01:50 on 13, 2012, the Defendant driven the said vehicle under the influence of alcohol with a alcohol content of 0.115% on 01:0 on 01:0 on 13, 2012, while driving the said vehicle at the same time and driving it on the street in front of the 845-on Hanyang-dong, U.S. Sinyang-gu, U.S., Sinyang-gu, U.S. 845 on the right side of the main railway station, and changed the course into the three-lane.

In this case, when a person engaged in driving service intends to live well on the right side and change the vehicle line in a clear mental state at all times, he/she has a duty of care to check whether there is a vehicle driving on the lane intended to change the direction, etc., and to give notice of the course to the vehicle driving on the rear side and to prevent the accident from changing the course safely.

Nevertheless, the Defendant neglected this and went into the right-hand side of the vehicle in question, and was negligent in entering the three-lanes of the moving direction, and the part D 7-on-hand side of the victim C(the age of 22) driving in the three-lanes of the three-lanes.

Ultimately, the Defendant, by occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc., requiring treatment for up to two weeks in advance on the part of the victim E (the 19-year old-age-old) who was aboard the said damaged vehicle, suffered from the injury of climatic salt, tensions, etc. requiring treatment for up to two weeks in advance, and at the same time, destroyed the property equivalent to KRW 604,303 of the said damaged vehicle by immediately leaving the said vehicle on the vehicle to take necessary measures such as rescue measures for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each written statement E, F, and C;

1. Reports on the occurrence of traffic accidents;

1. The circumstantial report of an employee;

1. A written diagnosis and written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Specific crimes provided for in the relevant Act regarding criminal facts.