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(영문) 춘천지방법원 2014.03.20 2014고단33
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

The defendant is a person who is engaged in driving a Crane car.

On December 31, 2013, at around 13:40, the Defendant driven the said car while under the influence of alcohol with 0.186% of alcohol concentration, and continued to proceed to the intersection of the said car next to the Sejong City master’s degree of 503-dong, Sejong City master’s degree, from a master’s intersection to the Health Management Association.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to reduce speed and drive safely according to its signals.

Nevertheless, under the influence of alcohol, the victim D (the age of 43) who entered the intersection in accordance with the new subparagraph (the age of 43) due to negligent negligence in the course, was driven by the victim D (the age of 43) as the front part of the franchise-low-income car after the left side of the Eststya car.

Ultimately, the Defendant, by negligence in the course of performing such duties, committed an injury to the said D, such as salt, tensions, etc. of the bones of a tree, which requires treatment for about two weeks, and sustained injury to the victim F (hereinafter 48 years old) who was on board the said rocketing or other car, such as salt, tensions, etc. in need of treatment for about two weeks, and escaped without immediately stopping the said rocketing or other measures to rescue the victim, even though the Defendant damaged the said rocketing or other car to be in excess of KRW 3,297,268.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Report on the occurrence of a case, report on the actual condition of a traffic accident, report on the actions against a driver, report on the actual condition of a driver, and report on the actual condition of a driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts.

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