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(영문) 창원지방법원 2014.04.18 2013고단3473
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 and the violation of the Road Traffic Act (Non-accidents) are those engaged in driving cars for the Crocketing-Pacific cargo;

On October 28, 2013, the Defendant driving the above cargo vehicle around 13:30 on October 28, 2013, and driving the two-lane road in front of the convalescent Hospital, Ginam Kim-si, Kim Jong-si, which is located in the Ginam Kim Jong-si.

Since there is a private distance intersection with a signal apparatus, the defendant engaged in driving of the motor vehicle has a duty of care to see the signal and to drive the motor vehicle safely by checking well the right of the transmission.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and led the victim D (the aged 25) who was in the atmosphere of the signal at one lane in the bend of the bend, to the right side of the EM car driven by the victim D (the age of 25) and shocked the part above the left side of the cargo vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to the above occupational negligence, and at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 242,348, such as repair cost, such as the pans, etc. after the damaged vehicle, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the same time and place as the above 1.1.m., driving the said cargo vehicle under the influence of alcohol by 0.147% at the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 2, 3, 5-9, 11-13 to the evidence list submitted by the prosecutor

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, Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.

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