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(영문) 의정부지방법원 2013.10.08 2013고단2785
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 22, 2013, at around 0:10, the Defendant driven a Category B Maz car at a speed of 0.197% alcohol level, and proceeded at a speed of four lanes from the right side of the Ganyang-si, Jinyang-si, Geumyang-si, Seoul, at a speed of 1127-9:4 lanes. At night, at night, the victim C (48 years old) driven ahead of the same direction at night and going ahead of the same direction, the Defendant used the bicycle driver’s duty of care to prevent the accident by properly operating the direction and brakes while maintaining the safety distance, but the Defendant neglected to drive the bicycle due to negligence near the left side of the bicycle, neglected to stop the bicycle to the extent that it is necessary for the Defendant to repair the bicycle, thereby causing damage to the victim, etc., and at the same time, the Defendant did not take necessary measures such as repairing the bicycle to the extent that the victim would suffer damage to the left side of the bicycle, and the Defendant did not stop the bicycle to the extent of 90 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each written diagnosis and written estimate;

1. A traffic accident report, an actual condition survey report, and a report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to photographs related to accidents;

1. Article applicable to criminal facts;

(a) The point of escape after occupational injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Occupiation of and damage to fruits: Articles 148 and 54 (1) of the Road Traffic Act;

(c) Points of drinking: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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