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(영문) 의정부지방법원 고양지원 2015.04.24 2014고단2928
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who drives a K5-car as his duties.

On November 18, 2014, the Defendant, while under the influence of alcohol on blood alcohol level of 0.066% on November 18, 2015, led to the intersection of the shooting distance of the Taesan Park in the Jinsan-dong, Pasan-dong, Pasan-do.

Since there is a crosssection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving a motor vehicle in accordance with the signals while putting a person engaged in driving the motor vehicle on the front side.

Nevertheless, the Defendant, while neglecting the influence of alcohol as above by negligence and by negligence in violation of the signal, took the front part of the victim E-K3 car driving, which was left to D from the e-mail to the right from the e-mail of the above intersection by using the signal of the above intersection, as the front part of the Defendant’s vehicle.

As a result, the Defendant, by the above occupational negligence, suffered from approximately two weeks of clocks, etc. to the G (65 years of age) who was accompanied by the victim E and the damaged vehicle, and at the same time, escaped without immediately stopping the said damaged vehicle so that 3,487,416 won may be damaged by the exchange of the front offender, etc., and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A traffic accident actual condition survey report, an accident-free driving report, an chassis, a written estimate, and a written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs at the accident site;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction of things), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime at issue;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the maximum term of crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be imposed;

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