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(영문) 광주지방법원 2012.08.09 2012고단1421
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

On March 5, 2012, at around 23:02, the Defendant driven a DNA-type car with a blood alcohol content of 0.127%, while under the influence of alcohol, and proceeded ahead of the C-type pesticide company located in the Namcheon-gu, Young-gu, Namnam-gu, Seoul, with the front direction of the C-type pesticide company located in the Namcheon-gu, Namcheon-do.

At the same time, there was a center line installed, and at the same time, there was a duty of care to safely drive a vehicle in accordance with the central line as the Defendant engaged in driving service, and thus, the Defendant had a duty of care to see the whole-way, the right and the right and the right and the right and the right and the right and the right and the right and the right.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting the duty of a Jeonju City while driving the said vehicle, and was negligent in driving the said vehicle, and the part with the back wheels of the victim E (the age of 65) driver’s seat, which was driven in the opposite part, was sent to the front wheels of the Defendant’s driver’s seat.

The Defendant suffered a confection for the Defendant to receive approximately two weeks of medical treatment from the victim due to the foregoing traffic accident, and at the same time, the Defendant: (a) destroyed a car with approximately KRW 1,251,000 for repair costs, and went away from the site without immediately stopping and taking necessary measures; and (b) escaped from the site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. A written diagnosis and written estimate;

1. The actual condition survey report;

1. On-site map, on-site photograph, and accident-related photograph;

1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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