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(영문) 창원지방법원 마산지원 2013.04.24 2012고합199
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving of a bareboat motor vehicle.

On September 20, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.212% of blood alcohol concentration on September 20, 2012, and proceeded at the speed of 40-50km from the boundary of the head office of the Gannam Bank to the nannam Bank at the speed of 40-50km.

In this case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the vehicle as it driven by the victim D(57 years old) who driven the vehicle prior to driving due to negligence, shocked the part behind the left side of the vehicle driven by the Defendant’s driving vehicle into the front side part of the vehicle driven by the Defendant’s driving vehicle, shocked the even part on the left side of the G private taxi driven by the Defendant’s driving vehicle F(57 years old) into the front side part of the Defendant’s driving vehicle, and went back to the front side of the vehicle without taking any measures again, and the part on the part of the Defendant’s driving vehicle owned by the victim I, which was parked on the front right side of the HI vehicle and the part on the front side part of the LA car in the LA car owned by the victim K owned by the Defendant’s driving vehicle.

As a result, the Defendant suffered from the above occupational negligence to the victim D with respect to the following: (a) Rady fysium requiring treatment for about two weeks; (b) Rady base and tensions; and (c) 4,092,520 won for repair; (d) 2,042,710 won for the victim F’s vehicle repair; (e) 1,724,010 won for repair; and (e) 1,724,010 won for the victim I vehicle repair; and (e) 1,367,485 won for repair of the victim K vehicle while stopping the vehicle without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with respect to I, K's respective statements, F, D, and M.

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