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(영문) 전주지방법원 2015.09.22 2015고단1015
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 who is engaged in driving a franchise and driving a motor vehicle.

On June 21, 2015, the Defendant driven the said car while under the influence of alcohol 0.179% of blood alcohol level around 01:49, and driven the said car at a speed that makes it impossible for the Defendant to know one lane of the three-lanes of the instant car in front of the Dacin-gu Seoul Metropolitan City.

At night, as the defendant was at night, he had a duty of care to safely operate the steering gear and the steering gear in a correct manner.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the steering gear and operating the steering gear by negligence and failed to properly operate the steering gear and operating the steering gear, left the vehicle in front of the left-hand part of the car driven by the injured party E (the injured party G (the 39 years old) who was on board the above E and the head of the steering force, faced with the right-hand part of the car, and faced with the light chills and tensions for about two weeks of medical treatment, respectively, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the car, even though the 1,022,296 won (including additional dues) is damaged.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. The Commercial Concurrent Crimes Act.

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