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(영문) 의정부지방법원 고양지원 2015.07.16 2015고단907
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for two years.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving motor vehicles in C.

On March 21, 2015, the Defendant driven the said car on March 21, 2015, and continued to drive the said car, leading the three-lanes of the three-lanes adjacent to the Taeyangdong-gu Seoyangdong-gu, Seoyangyang-gu.

However, at the time, the victim D (the 46-year old) driver's bicycle was prior to the right side of the road, so in such a case, there was a duty of care to safely drive the car, such as viewing the front side and the left side and properly manipulating the steering and the steering system according to the progress of the bicycle.

Nevertheless, the Defendant neglected this and proceeded with the rear part of the above bicycle under the influence of alcohol as set forth in the following paragraph 2, which led to the front part of the above car.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury to the part of L1, which requires approximately 12 weeks of medical treatment, such as the discharge frame and closure, and at the same time, destroyed the said bicycle to the extent equivalent to KRW 8,180,000, and escaped without immediately stopping the bicycle and taking measures such as providing relief to the victim.

2. Violation of the Road Traffic Act (driving) driving a motor vehicle under the influence of alcohol level of approximately 0.22% at the 18km section from the front of the 13 complex light village parking lot of the 17th commercial complex in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-si, the Defendant, at the time and time under the above paragraph (1), from the front of the 13rd commercial complex parking lot of the 8th century to the 808-on front road of the 18km village in the Simn-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report, each photograph, the report on detection of a host driver, the report on the circumstantial statement of a host driver, medical certificate, written estimate, and written estimate.

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