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(영문) 대전지방법원 논산지원 2015.02.10 2014고단476
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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. Around September 23:10, 2014, the Defendant was driving a D self-furd vehicle with a blood alcohol concentration of about 0.074% from the section of about 300 meters, from the front of a bus terminal located in the Simsan-si, Masan-si, to the front road.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dominated Vehicles) and the Road Traffic Act (U.S.A.) were driven by the Defendant on September 23, 2014, as indicated in the preceding paragraph, while driving the said vehicle under the influence of alcohol on September 23, 2014, and led him/her to bypassing from the control distance to the control distance outflow from the control distance outflow.

At the time, there was a road where the center line of yellow-ray was installed at night, and there was a duty of care to safely operate along the car line by reducing speed and checking well.

Nevertheless, the Defendant neglected to do so and led to the failure of the central line to go along, and the part of the upper left side of the victim E(E, 31 years old) driving, which is going to the opposite side of the vehicle left of the Defendant’s driver’s car, was shocked with the front side of the Defendant’s car.

As a result, the Defendant suffered injury to salt and tensions by the victim for about two weeks of treatment. At the same time, the Defendant, while destroying and damaging the said Liber car, did not immediately stop the car and does not take necessary measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each entry in the actual condition survey report, field photograph, report on detection of a host driver, diagnosis certificate, written estimate, and report processing case list 112, or the application of video-related Acts and subordinate statutes;

1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning the crime.

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