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(영문) 창원지방법원 2015.09.03 2015고단718
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On March 4, 2015, at around 21:50, the Defendant driven the said car while under the influence of alcohol of 0.139%, and continued the road prior to the Eullet store in Kimhae-si D from the Jin-si to the debrising side.

At the time, the G bargaining car driven by the Victim F (54 years old) was in operation, and thus, the driver of the vehicle had a duty of care to look at the right and the right and the right of the vehicle and to operate the vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the back part of the motor vehicle left side of the above Aflurged vehicle from the right side of the said Aflurged vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the frame of 10 weeks of treatment due to the above occupational negligence, and at the same time, did not immediately stop the above-learning car to the extent that it should scrap it, and does not take necessary measures, such as providing relief to the victim, even though it has damaged it to the extent that it should scrap it.

Summary of Evidence

1. Court statement of the defendant (the second and third court date);

1. The police statement concerning F;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A medical certificate;

1. Investigative report (accident site and witness search), investigative report (other party to the scene of the accident), investigation report (Attachment of a photo of black stuffs inside the feet vehicle), investigation report (a telephone call with the victim);

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;

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