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(영문) 대전지방법원 2013.08.08 2013고단2266
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 23, 2013, the Defendant, while under the influence of alcohol of 0.259% of blood alcohol content, driven a CPa car and driven a CPa car in the Dong-gu Daejeon-gu, Daejeon-gu, with a four-lane distance at the front of the BPa car in the front of the Dong-gu, Daejeon-dong, the Defendant driven the two-lane distance at the front of the BPa car in the front of the Dong-dong, and led to the signal atmosphere while driving in the middle of the two-lane.

Since there is a duty of care to proceed safely to a person who is engaged in driving of a motor vehicle in such a case, the defendant neglected to do so, and the defendant, even though he did not neglect the duty of care to proceed safely in accordance with the new code, conflict with the victim D(55 years old) Ework of the victim D(55 years old), which was proceeding by the left turn signal due to the left turn signal in violation of the signal, with the driver's driver's duty of care to proceed safely.

The Defendant, by such occupational negligence, caused the victim D to suffer injuries, such as diversified salt, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the said rocketing car and taking necessary measures, such as providing relief to the victim, even though it damages the front gate, etc. of the said rocketing car to the extent that the repair cost is equivalent to KRW 2,975,159.

2. At the same time and time, the Defendant: (a) observed an accident at the wind that the Defendant attempted to flee as seen above, and the victim F (28 years of age), who was a director of the Bosch Rexroth who had observed the accident, was trying to set the Defendant’s car and prevented the Defendant from attempting to flee; (b) while proceeding with the Defendant’s driver’s car driving on the right edge of the victim F, the Defendant was faced with the Defendant’s driver’s driver’s car driving on the right edge, leading the victim F to an injury, such as the right satitis for two weeks

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. A survey report on actual condition, and a report on actual status of a driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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