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(영문) 제주지방법원 2013.12.19 2013고단1233
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

The Defendant is a person engaging in driving a car B.

On August 12, 2013, at around 23:30, the Defendant driven the foregoing vehicle while under the influence of alcohol with 0.166% of alcohol concentration 0.16%, and proceeded with the 4th line line in front of the tamp gas charging station in the Jeju-si moving at the Jeju-si. The second line in the direction of 30 km along the road from the surface of the Jeju fire fighting station to the luminous view.

At the same time, the victim C (at the age of 43) followed the Drocketing car driven by the victim C (at the age of 43), and therefore, the person engaged in driving service had a duty of care to ensure safety distance that can be avoided when the vehicle stops.

Nevertheless, the Defendant neglected to do so and did not see the said victim’s passenger car in the traffic signal and did not stop, and received the left-hand part of the said Lysta car as the front-hand part of the said Lysta car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim E (the 17-year old-age) of catum catum, etc., which requires treatment for about two weeks, and sustained injury to the victim E (the 17-year-old catum), such as catum catum, which requires treatment for about two weeks, and at the same time, did not immediately stop the vehicle owned by the victim C and escape without taking measures such as providing relief to the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs, reports on the results of the control of drinking driving, reports on the state of drinking, actual survey reports, each medical certificate, and the specifications of automobile inspection and maintenance;

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

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