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(영문) 대전지방법원 서산지원 2013.07.12 2013고단167
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doging Vehicles) is a person engaged in driving a motor vehicle owned by the principal;

At around 14:50 on January 26, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.157% at the market level from the Gohap Terminal to the large-day distribution road located in the Madsan-Seoul Maduk-gu, Soon-si.

At this point, there was a duty of care to prevent accidents in advance by properly examining the front and rear left by driving workers, since the passage of pedestrians is frequent as a passage toward the market.

Nevertheless, under the influence of alcohol, the defendant neglected to do so, and went on to the right side of the victim C (Woo, 65 years old) who was on the right side of the defendant's driving car, was shocked with the front wheels of the driver's car.

As a result, the Defendant, while suffering from the injury of the right-side salt, etc. in need of treatment for about two weeks, stopped as it is and escaped without taking necessary measures, such as aiding the victim.

2. Violation of the Road Traffic Act (driving on a gallon) driving a car with the above gallon under the influence of alcohol concentration of about 10km after the Defendant’s house located in D at the time of the above temporary border and again driving the car with the above gallon under the influence of alcohol concentration of about 0.157% by the Defendant’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, traffic accident report, traffic accident evidence and photograph;

1. Report on the detection of a host driver, report on the circumstances of a host driver, and investigation report (No. 14 No. 14);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 148-2 (2) of the Road Traffic Act.

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