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(영문) 광주지방법원 장흥지원 2015.05.14 2015고단18
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a motor vehicle B and III.

On December 18, 2014, the Defendant driven the above cargo while under the influence of alcohol of 0.106% with a blood alcohol concentration of 18:20% on December 18, 2014, and driven the road in front of the Song Jin-gun, Jinjin-gun, Ginjin-gun, which is located in the lurg of the lurg in the direction of the Jin-Eup

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well look at the right and the right and the right, and accurately operating the steering and brakes, etc.

Nevertheless, the defendant did not find out that the victim C (the 47-year old) who had been negligent in driving due to negligence while neglecting this, driving a D low-speed car, which was driven by the victim C (the 47-year old). The defendant received the back part of the passenger car in front of the above cargo vehicle of the defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C and the victim E (hereinafter, 46 years of age) who took advantage of the above low-speed car, such as salt, tensions, etc. in need of treatment for about three weeks, and at the same time, destroyed the above high-speed car to have approximately KRW 970,176, such as pan-exchange, and escaped without immediately stopping and taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate 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. The Commercial Concurrent Crimes Act.

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