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(영문) 전주지방법원 군산지원 2016.02.01 2015고단973
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2015, while under the influence of alcohol level of 0.086% from blood alcohol level of 23:57, the Defendant, while driving a B Car with B Car at around 0.086%, and driving the D'D' in front of the "D" into the university at the boundary of the market north-si, the Defendant did not properly consider the traffic situation of the left and the Defendant entered the intersection, and by the negligence of entering the intersection at the intersection and going into the intersection at the seat of the apartment where the intersection is going to the boundary of the North Korean church ( South, 20 years old). The facts charged of the collision between the front part of the U.S. car and the front part of the above car at the right side of the victim E (North, 20 years old). The Defendant corrected it beyond the damaged person.

As a result, the Defendant, due to such occupational negligence, suffered injury to the part of the victim, such as salute, which requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures such as providing relief to the injured party by immediately stopping, even though the above salute is damaged to cover approximately KRW 3,712,006 of repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A copy of a medical certificate;

1. A copy of a written estimate;

1. Application of Acts and subordinate statutes of a report on internal investigation (14th page of investigation records), investigation report (52 pages of investigation records);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after causing occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after causing damage to goods), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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