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(영문) 수원지방법원 안양지원 2014.02.07 2013고단1468
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On September 2, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Measures Taken after Accidents) (hereinafter referred to as the “Aggravated Punishment”), around 12:54 on September 22, 2013, the Defendant was negligent in neglecting the duty of exploiting the victim D’s e-ray driving in the front direction while driving on the front direction of the Defendant’s vehicle, while driving on the front direction of the city through a modern apartment protection zone as he was negligent in neglecting the duty of exploiting the alcohol while driving on the front direction.

The Defendant, due to its shock, suffered from the victim F, who was accompanied by the victim D and the damaged vehicle for approximately two weeks of medical treatment, and, at the same time, destroyed the damaged vehicle so as to have an amount equivalent to KRW 490,476 of the repair cost, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

2. The Defendant violated the Road Traffic Act (Refusal of measurement) on the ground that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as with red, cross-routing and walking, etc. when she was able to have caused a traffic accident as stated in the above paragraph (1) of the same Article, and when she escaped, the Defendant refused to comply with a request for a measurement of drinking alcohol for three times from 13:38 to 14:01 on the same day by the Gyeong-gu Ha in the G District.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of a traffic accident in DNA;

1. Report on the handling register of drinking drivers, notice of the results of the drinking driving control, and report on the state of drinking drivers;

1. The actual situation survey report, on-site photographs, and photographs refusing to measure drinking;

1. Application of Acts and subordinate statutes on an injury diagnosis certificate and vehicle estimate;

1. 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, Article 148-2(1)2 of the Road Traffic Act as to the crime in question.

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