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(영문) 창원지방법원 통영지원 2015.10.06 2015고단717
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 4, 2003, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on May 13, 201, and a fine of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on May 13, 201, and on November 14, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on November 14, 2013.

【Criminal Facts】

The defendant is a person who is engaged in driving of CK3 car owned by the defendant's wife.

On July 10, 2015, the Defendant, without obtaining a driver’s license, driven the said vehicle under the influence of alcohol of 0.184%, while driving the said vehicle at a speed of 0.184%, and driving it at a speed of 70km a speed of 50km per hour on the front of the E-cafeteria located at a macro-city D, and driving it toward the e-lane at a speed of 70km a speed of speed, and neglected to perform the duty of e-mail and changed the vehicle into a two-lane under the influence of alcohol.

At the same time, the defendant's above negligence caused injury to the victim, such as thalle, etc. which requires medical treatment for about three weeks due to the shock of the above K3 vehicle, by taking the back part of the victim F (L, 42 years old), which was in the same direction as the above two-lanes of the above vehicle, into front right side of the above K3 vehicle, and the victim escaped without taking necessary measures, such as extinguishing the above stalle car and aiding the victim, even if he damages the above stalle car to the amount of 6,38,303 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. A report on detection of a host driver;

1. A report on investigation;

1. The register of actual condition survey reports, photographs, diagnostic certificates, estimates, and the register of driver's licenses of motor vehicles;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act.

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