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(영문) 창원지방법원 통영지원 2016.06.14 2016고단237
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving.

On January 16, 2016, the Defendant driven the said taxi while under the influence of alcohol 0.141% during blood transfusions, and continued to drive the said taxi on a one-lane road in front of the Dju point in Gyeongsung-gun in Gyeongnam-gun, Gyeongnam-gun, with a speed of about 45km from the front of the D police box to the front of the Dju point in Gyeongsung-gun, the speed of which is about 45km.

At the time of night, it was difficult to see at night and passage of people on both sides of the road. In such a case, a person engaged in driving service has a duty of care to reduce the speed and to prevent accidents by driving safely by driving safely through a safe manner.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim F (the age of 51) who walked along the right side of the driving direction while driving the taxi, and did not find the victim F (the age of 51) and was shocked by the victim's left part of the buckbucks in front of the right side of the said taxi, and followed the part of the victim's head, which was used on the road surface due to the shock, with the rear wheels of the said taxi.

Ultimately, even though the Defendant, due to the above occupational negligence, suffered from the victim from the blood transfusion from an external wound with no open room for at least eight weeks, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each report on investigation;

1. A survey report on the actual traffic accident and a report on the detection of the main driver;

1. Application of Acts and subordinate statutes, such as an accident site photograph, a photograph to a visual image, each diagnostic report, and a written opinion;

1. Relevant Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2(2)2 of the Criminal Act, and Article 44(1) of the Criminal Act, and Article 15-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the act of drinking alcohol driving) and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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