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(영문) 수원지방법원 안산지원 2013.04.03 2012고단2771
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a cussing Vehicle B.

On November 13, 2012, the Defendant driven the said vehicle under the influence of alcohol content of 0.194% without a driver’s license on November 17:15, 2012, and proceeded at a speed of about 60 km per hour according to the speed of 50 km in the front of the Dong-dong, Dong-gu, Dong-dong, a member of Ansan-si, a member of Ansan-si, with a loan box from the head room of the sib, at a speed of 830-2 speed.

At the time, the Defendant was under the influence of alcohol as above, and thus, the Defendant had a duty of care to safely drive as a person engaged in driving service.

Nevertheless, as above, the Defendant was on the front part of the Defendant’s vehicle, who was driving at the front side of the victim C's driving which was going to the left at the left at the front by negligence on duty.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained salt ties and tensions in the areas requiring two weeks of treatment to the victim E (V, 49 years of age), who is the passenger of the damaged vehicle, and at the same time, escaped without taking measures, such as providing relief to the victim, even though the said damaged vehicle was damaged to a considerable amount of KRW 477,891.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. E statements;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to traffic accident reports and reports on detection of host drivers;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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