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(영문) 광주지방법원 순천지원 2013.11.14 2013고단104
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 December 12, 2012, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a B B B B B car without mandatory insurance on the front of the B B B car, which is located in the luxa of Gwangjuyang-Eup, Gwangjuyang-do.

2. The defendant is a person engaging in driving a small-scale car in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On December 12, 2012, the Defendant driven the said vehicle at a speed of 0.128% with a blood alcohol concentration of 22:30% on December 12, 2012, and proceeded with the bespina or the front crosswalk in the opticalyang-Eup at the opticalyang-si at the opticalyang-si, at a speed of two-lanes of the two-lanes in the e-line, from the front apartment room to the e-line.

At night and at night, a crosswalk is installed on the front door, so the driver engaged in driving service has a duty of care to safely pass the crosswalk after checking whether there is a person who gets a crosswalk by well living the front door, reducing the speed of the front door, or temporarily stopping it.

Nevertheless, the Defendant neglected this and did not look at the front left by negligence, which led the Defendant to shock the right side side of the victim C(52 years of age) who opened a road along the crosswalk on the right side of the crosswalk, from the left side of the direction of the proceeding to the right side of the road.

As a result, the Defendant got about two weeks of medical treatment to the victim due to the above occupational negligence, and went away without taking measures such as aiding the victim, even though he did not take any measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to the investigation report (the calculation of the blood alcohol concentration applicable to the Ba mark formula);

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

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