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(영문) 광주지방법원 2013.05.30 2013고단1248
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of B-II cargo vehicles.

On February 15, 2013, the Defendant driven the said cargo while under the influence of alcohol of 0.134% without a driver’s license on February 21, 2013, and proceeded at a speed of 70 to 80km each hour at a speed of 0-80km from the Youngpo Road, which is located in the sangsan-ri, Yangsan-ri, Yangpo-ri, Yangpo-ri at the snive of the said cargo at a speed of 0.134%.

In such cases, a person engaged in driving service has a duty of care to thoroughly prevent accidents by securing the safety distance with the vehicle ahead, and by securing the safety distance with the vehicle ahead.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol while driving the vehicle at the front of the Defendant’s vehicle, and received the back portion of the D low-speed car driven by the victim C (the age of 26) in front of the Defendant vehicle.

Ultimately, the Defendant, by negligence in the course of performing such duties, sustained injury to the victim’s salt and tensions of the bones of wood that requires medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as immediately stopping the damaged vehicle so that repair costs equivalent to KRW 608,676 can amount to KRW 60,000, while destroying the damaged vehicle and checking the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The ledger of driver's licenses;

1. An electric output;

1. A report on detection of a drinking driver, and a output of the record of measurement of drinking;

1. A medical certificate (C);

1. Written estimate of the cost of underwriting insurance;

1. Application of the Acts and subordinate statutes on the evidence of traffic accidents, photographs (drawing vehicles, accident vehicles and site);

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, 54 (1), 148-2 (2) 2, 44 (1), subparagraph 1 of Article 152 and Article 43 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. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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