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(영문) 창원지방법원 2013.04.10 2013고단217
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 a CS5 car.

On January 13, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 00:30% of blood alcohol concentration 0.160%, and led the Defendant to proceed along the three-lanes from the Doc square to the original station in the vicinity of the window of Changwon-si.

At the same time, on the two-lanes in front of the two-lanes, the Ethp car driven by the victim D (the age of 45) was stopped in the signal atmosphere to turn to the left, and thus, the driver of the vehicle has a duty of care to prevent the accident in advance by properly operating the steering gear by properly operating the steering room and maintaining the lane.

Nevertheless, the Defendant neglected this and went beyond the lane due to negligence, and received the right side of the said EM5 car in front of the left side of the said EM5 car.

At the same time, the Defendant, by negligence on duty, sustained from the victim F (the age 46) who was boarding the said D and the said Ethmp car, an injury to the catum and the catum base requiring treatment for about three weeks, and at the same time, did not immediately stop the said Ethp car to the extent that it damages the amount equivalent to KRW 1,952,716, including the exchange of the Ethmp car, and does not take necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Taking photographs, such as a report on the occurrence of a traffic accident;

1. A report on detection of a host driver;

1. Each written diagnosis (D, F);

1. Application of the written estimate 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Each of the Criminal Code of Commercial Competition.

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