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(영문) 창원지방법원 통영지원 2013.08.14 2013고단190
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

1. Around 05:00 on December 22, 2012, the Defendant driven a DNA car while under the influence of alcohol at approximately 0.093% of the blood alcohol concentration on the section of about 10km from the street near the store located in the city of the city of the city of the city of the same day from around 05:30 on the same day to the adjacent road of the city of the city of the city of the city of the city of the city of the same day.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person who is engaged in driving a DNA car.

On December 22, 2012, 05:20, the Defendant driven the above vehicle while under the influence of alcohol, and proceeded at a speed that would not be known by one of two-lanes from the aft to the ridge of the two-lanes.

At the time, since it is a 2nd straight line road at night and a 2nd straight line, a person engaged in the driver's duty of care has a duty of care to operate the driver's duty of care by accurately operating the steering direction and brake system and by properly checking the steering direction and the right and the right and the right.

Nevertheless, the Defendant neglected this and negligently driven the above vehicle while under the influence of alcohol and caused the victim to go beyond the ground by taking the lower part of the body part of the victim E (the age of 32) on the road.

Ultimately, even though the Defendant suffered cerebral ties, etc. from which the number of days of treatment cannot be known due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on the occurrence of a traffic accident (person concerned), a traffic accident report, on-site evidence photograph;

1. Report on the actions of a host driver, report on the status of a host driver, and investigation report (investigation into the Corruption mark);

1. A certificate of medical records, each medical certificate, and an investigation report (a medical certificate).

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