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(영문) 부산지방법원 2016.02.17 2015고단7253
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 02:00 on September 24, 2015, the Defendant: (a) driven B Poter under the influence of alcohol leveling 0.151% of alcohol level in the section of about 5km from the road near the Dong-dong telephone station in Busan Dong-dong, to the road front of the Simdong-dong Seog-dong Busan Metropolitan City, from the road near the Dong-dong Police station; (b) the Defendant driven B Poter under the influence of alcohol leveling 0.151%.

2. The defendant is a person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (Egress after accidents).

At the time stated in paragraph 1, the defendant driving the above cargo vehicle, which led to the Busan East-gu hot spring intersection to the hot spring hole at the entrance of the hot spring hole.

Since there is an intersection where signal apparatus is installed, there was a duty of care to check whether there is another vehicle that passes the intersection by reducing speed and checking the right and the right of the vehicle's driver, and to prevent the accident in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected this and went on to the right side of the cargo vehicle of the Defendant who was driven by the victim C(52) (52) who was driving the intersection in accordance with the new subparagraph from the left side of the running direction of the Defendant due to the negligence in which the Defendant had been under the influence of alcohol and continued to stop the front side of the passenger's cargo vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt pans, tensions, etc. in need of treatment for about three weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the taxi and providing relief to the injured party, even though the Defendant destroyed the 2,582,424 won of repairing expenses, such as exchange of soft pans, after the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each police statement protocol against C and E;

1. The statement of traffic accidents prepared by the F;

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