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(영문) 제주지방법원 2014.12.22 2014고단1606
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 28, 2014, at around 09:10, the Defendant driven a motor vehicle with Centent alcohol concentration of 0.104% with a blood alcohol concentration of 0.10%, and continued to proceed to the fishery interest on the upper side of the 50-lane of the Jeju Western Police Station at 215 in Jeju Island, the second-lane of the two-lane road on the 2-lane side of the Jeju Western Police Station.

그곳은 전방에 횡단보도가 있는 ‘ㅏ’자형 도로이므로, 이러한 경우 자동차의 운전업무에 종사하는 사람에게는 전방좌우를 주시하고, 조향 및 제동장치를 정확하게 조작하여 사고를 방지하고, 안전하게 운전하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant, while neglecting this, left the left-hand side of the victim D (the 76-year-old driver) driving on the front side of the driver's vehicle, and caused the victim to suffer injury of the brain and cerebral cerebral cerebral dystye in two open situations requiring treatment for about three months, and also escaped without taking necessary measures, such as aiding and abetting the said dye while stopping the said dye while destroying the said dye so that it would be equivalent to the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Application of the Acts and subordinate statutes to each photograph, traffic accident report, report on detection of a host driver, circumstantial statement of a host driver, and medical certificate;

1. Relevant legal provisions concerning criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of taking measures after accidents);

1. Commercial concurrence and choice of penalty: Articles 40 and 50 of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Discretionary mitigation: Articles 53 and 55 of the Criminal Act;

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