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(영문) 수원지방법원 2013.11.13 2013고단5057
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 driving a B-Wood vehicle.

On August 21, 2013, the Defendant driven the said vehicle under the influence of approximately 0.105% of alcohol concentration around 00:18, while driving the said vehicle, and proceeded with a two-lane road near the Ansan Middle School Syundong in the Gyeonggi-si Syundong in the Gyeonggi-si path in the Gyeonggi-do, along with a single lane, about 60 KK in the direction of the new apartment in the middle of the new apartment.

At the time, at night, the signal was installed, and in such a case, there was a duty of care to prevent accidents, such as reducing the speed, reducing the power and the right and the right, accurately manipulating the steering and the brakes, etc., while observing the signal.

Nevertheless, the Defendant neglected this and neglected the stop signal while disregarding the stop signal, and failed to properly examine the right and the right and the right, etc., and received as the front part of the drive of the D self-purd vehicle operated by the victim C (Nam, 24 years old) who was directly under the direct moving signal in the direction of the path centered on the path of the sick point in the same coal direction.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as light salt, divers, etc. in need of treatment for about two weeks, and at the same time, escaped without any necessary measures, such as immediately stopping the vehicle and providing relief to the victim, even though the victim’s repair cost, such as exchanging the back of the driver’s seat, is damaged to the extent that the repair cost is approximately KRW 2,791,367, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Statement of the police statement regarding C;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports (measurement of a suspect's drinking and application of the Ba mark);

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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