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(영문) 부산지방법원 2013.08.28 2011고단4219
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 05:50 on May 12, 201, the Defendant driving a C observer taxi under the influence of alcohol by 0.235% from the section of approximately 1km to the road front of the SK Oil station located in the same Gu from the YY-dong of Busan, Busan, to the day from the YY-dong of the same Gu.

2. A person who is engaged in driving of C observer-si in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act;

At around 05:50 on May 12, 201, the Defendant, while under the influence of alcohol, driven the said taxi, and driven the five-lane road in front of the SK station located in the Gak-dong, Busan, Busan, at the speed of about 50km from the west to the Pak-dong.

At the time of night, there was a duty of care not to obstruct the passage of other vehicles on the right line by checking well the right and the right and the right of the person who wants to change the vehicle line.

Nevertheless, as in paragraph (1), the Defendant was negligent in changing the vehicle line from the two lanes to the three-lanes without due care on the front side and the left side while it is difficult for the Defendant to drive the vehicle under the influence of alcohol, and due to the negligence of the victim D(53 years old) driving along the three-lanes, the back side of the victim D(53 years old), the left side and the back side part of D(53 years old), which was driven along the three-lanes, as part of the Defendant’s driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the injured party in light of the conjection and the fluoral base for the treatment of approximately three weeks, and at the same time, avoided the repair cost of the injured party’s vehicle so that the 1,056,616 won of the repair cost may interfere with road traffic, and escaped without immediately stopping the vehicle and taking measures such as providing relief to the injured party.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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