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(영문) 전주지방법원 남원지원 2016.07.19 2016고단70
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a B-learning car.

On March 29, 2016, the Defendant driven the said car under the influence of alcohol content of 0.096% in blood at around 23:25 on March 29, 2016, and led the said car to proceed to the intersection of the border intersection in the direction of the office of the administration of the west-gun of North Korea.

At the time, the location was an intersection with a red on-and-off signal, so in such a case, a person engaged in driving of a vehicle shall not drive the vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by driving another vehicle after temporarily stopping at the intersection and paying attention to the traffic of another vehicle.

Nevertheless, the Defendant neglected to do so and neglected to enter the intersection by the negligence of entering the intersection as a matter of course, and received the front portion of the DNA car driven by the victim C(44 tax) who proceeds from the intersection from the Gyeongcheon Apartment apartment to the center.

Ultimately, the Defendant, due to the above occupational negligence, suffered damage to the victim during approximately three weeks of medical treatment, and at the same time, escaped without immediately stopping the said rocketing car with the repair cost of KRW 3,781,930, and without taking necessary measures, such as seeking the victim, even though it damages the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (including attached data);

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 occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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