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(영문) 의정부지방법원 2014.05.27 2014고단800
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 30, 2014, the Defendant is a person driving Cro-car. On January 30, 2014, at around 0.18:55, the Defendant driven the abovero-car while under the influence of alcohol concentration of 0.108%, and made the turn to the left from the front of the Jinho-Eup station located in 305, the Jinho-gu, Jinho-gu, Jinho-gu, Jinho-gu, to the Jinho-ri-ri plane.

In such cases, the driver of the motor vehicle must safely proceed with the motor vehicle in accordance with the new code and have a duty of care to not drive the motor vehicle while under the influence of alcohol.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to turn to the left in violation of the straight line while under the influence of 0.108% of alcohol content, and shocked the part of the victim D (Nam, 44 years old) driving in accordance with the straight line on the opposite lane, which was carried out by the victim D(Seoul, 44 years old) driving on the opposite lane.

The Defendant by occupational negligence inflicted injury on the victim D with salt and tensions that require approximately two weeks of medical treatment on the part of the victim F (the 38 years old) who was on the part of the spati vehicle, inflicted injury on the spati vehicle, such as brain spati in need of medical treatment for about two weeks of medical treatment on the part of the victim G (the 2 years old), suffered injury on the part of the victim G (the 2 years old), and also escaped without taking necessary measures, such as aiding the victim's spati vehicle to repair cost of KRW 6,192,063 and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Each written diagnosis (D, F, G), and written estimate;

1. Application of Acts and subordinate statutes to the actual condition investigation report on traffic accidents, photographs related to accidents, and investigation reports (to listen to statements by police officers called the scene);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

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