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(영문) 창원지방법원 마산지원 2013.11.19 2013고단523
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Non-accidentd Measures) are those engaged in driving service of the B salary and 3

On July 4, 2013, at around 17:05, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.079%, and when the Defendant was designated as Gyeongnam-gun, the Defendant continued to drive on the side of Masan-ri, the entrance of Masan-gun.

Since no traffic control is performed, and traffic is frequent, in such a case, the driver of the motor vehicle has the duty of care to prevent the accident in advance by yielding and proceeding the course of the motor vehicle to the person engaged in driving the motor vehicle, when there is a motor vehicle already entering the intersection.

Nevertheless, the defendant neglected to do so and found late the Tracker driven by the victim C (year 71) who entered the intersection from the right side of the defendant's course to the left side by his negligence, and the part of the victim's Tracker's Tracker's Tracker's Tracker's Track left side was collisioned.

Ultimately, the Defendant, due to the above occupational negligence, caused injury to the above victim, such as cerebral alky in detail, which requires treatment for about three weeks, and at the same time, destroyed the Track, which is the victim's possession, and escaped without immediately stopping the Track and taking necessary measures, even though it damages the Track to the extent equivalent to KRW 5,110,000.

2. On July 4, 2013, at around 17:05, the Defendant driven a 3 falp vehicle B at the section of approximately 1.5 meters from the 1.5km to the intersection at the entrance of the sular village, with the designation of Gyeong-gun, Gyeongnam-gun, in a state of alcohol alcohol concentration of 0.079%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident;

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