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(영문) 창원지방법원 마산지원 2014.08.26 2014고단503

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 the operation of a dump truck with C 2.5 tons of an dump coal.

On April 24, 2014, the Defendant, without a driver’s license of a car on April 12:02, 2014, driven the said truck while under the influence of alcohol of 0.305% with a blood alcohol concentration of 0.305%, and led the road front of the autonomous crime-free elementary school located in the Honam-si, Changwon-si, Changwon-si, Changwon-si.

In this case, the driver of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right of the driver of the motor vehicle and to accurately manipulate the steering direction and the system to prevent the accident.

Nevertheless, the Defendant neglected to do so and went through as it was due to the negligence of the Defendant’s failure to do so, and received all parts of the left-hand side of the victim D(IS) driving E-Spo-land driving from the 46 years old, as the front part of the said truck.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim in salt and tensions that require approximately two weeks of medical treatment, and at the same time, avoided the said car to be repaired by KRW 1,485,05,05, and escaped without taking any measure, such as providing relief to the victim, even though it damages the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on detection of drivers, and the register of driver's licenses;

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) 1 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.