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(영문) 청주지방법원 제천지원 2014.04.24 2014고단72
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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents) is engaged in driving of a motor vehicle at the franchise.

On January 25, 2014, the Defendant driven the above vehicle at around 23:57, and entered the three-lane near the Cropic-dong, Sucheon-si, and continued from the boundary of the Jindu-si to the boundary of the Jincheon Police Station.

Since the place is where the center line of yellow-ray is installed, the person engaged in the vehicle driving has a duty of care to ensure safe operation of the car line by thoroughly conducting the front line.

Nevertheless, the Defendant neglected this and caused the negligence of driving the center line by entering the opposite line and operating it, and caused the victim D (the age of 45) driving along the three lanes from the room of the Incheon Police Station to the intersection intersection, which was driven by the victim D (the age of 45) who was driving along the three lanes, to the opposite line, to the left-hand part of the EK5-si owned by the Chungcheong Partnership Company, Chungcheongnam-si, and the upper-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim D and the victim F, who is the passenger of the said taxi (the 23-year old-old passenger), such as salt and tension, etc. in need of medical treatment for about two weeks. Although the Defendant damaged the said taxi, it immediately stopped and escaped without taking necessary measures, such as providing rescue to the victim, even though it did not take measures to ensure that the repair cost would be 641,000 won.

2. Around 21:30 on January 25, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of about 0.05% from around 698 km-dong, Cheongcheon-si, Cheongcheon-si, to around the 3km-dong adjacent road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report, an accident site photograph, and a report on the detection of a host driver;

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