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(영문) 대전지방법원 천안지원 2015.03.31 2014고단1656

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

On January 8, 2010, the Defendant issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court, and on November 5, 2010, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Yan District Court’s Yan District Court’s Yanan District Branch.

The defendant is a person who is engaged in driving a Crane car.

On October 29, 2014, the Defendant was under the influence of alcohol with 0.262% of blood alcohol concentration around 18:45 on October 29, 2014, driving the said vehicle, and driving the said vehicle in front of D’E head guard located in the Dong-nam-gu, west-gu, Yancheon-gu.

At that time, there was a vehicle stopping on the right side of the road, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle by driving the vehicle, such as keeping the front door and the left and right well.

Nevertheless, the Defendant neglected to carry the cargo loaded at G Poter drive G 38 years old) of the victim F (38 years old) due to his negligence, caused the victim to suffer a cat pelfa, etc. in need of approximately 4 weeks of medical treatment by sufficient front part of the above vehicle operated by the Defendant to the right side of the above vehicle. At the same time, the Defendant did not immediately stop the above cargo to the extent that it damages the above cargo amounting to KRW 974,600 for repair cost, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. Traffic accident report, vehicle photographs, black stuffs image photographs;

1. Reports on detection of drivers, reports on the status of drivers, and reports on the statement of the status of drivers, and reports on requests for appraisal;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 (the point of view of failing to take measures after an accident) concerning criminal facts;