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(영문) 전주지방법원 2014.08.22 2014고단974
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On May 24, 2014, at around 05:00, the Defendant driven the said car while under the influence of alcohol with 0.150% of alcohol concentration 0.150%, and proceeded along with the two-lanes between the front city and the front city from the front city university room to the front city located in the front city.

However, there was an intersection in which traffic control is conducted in accordance with the signals, so in such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the occurrence of the accident by accurately manipulating the safety distance, the steering direction, and the brake system with the motor vehicle ahead, and to prevent the occurrence of the accident.

Nevertheless, the Defendant, while under the influence of alcohol, went through as mentioned above, due to negligence while neglecting the duty of care as a driver of a motor vehicle, led the victim C (the 39-year-old driver) who was stopped pursuant to the new subparagraph, to the front side of the car operation of the victim C (the 39-year-old driver) driving, followed by the front side of the car operation of the 5-year-old driver, and led the victim E(the 57-year-old driver) who was under the 5-year-old driver's duty of care, to take the part of the 5-year-old driver's vehicle behind the 5-year-old driver's driving.

The Defendant, at the same time, by occupational negligence, sustained injuries such as salt, tensions, etc. in each of the above C and E, which require two weeks medical treatment, and at the same time, destroyed the above C’s K5 car to be equivalent to KRW 3,116,166 in repair cost by exchange of a panion, etc., and destroyed the above E’s car to be KRW 1,214,480 in repair cost by exchange of a panion, etc., but escaped without taking necessary measures, such as immediately stopping and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. The actual condition survey report;

1. A copy of each written diagnosis and each written estimate;

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