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(영문) 전주지방법원 2014.11.21 2014고단1592
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On September 3, 2014, at around 22:01, the Defendant driven the said vehicle while under the influence of alcohol of 0.118% of blood alcohol level, and led to the two-lane road in front of the Hart in the center of Kim Jong-si, along the two-lanes from the Kim Jong-gu Police Station to Kim Jong-si.

At the same time, crosswalks are installed on the front door, so in such a case, there was a duty of care to safely drive a motor vehicle after checking whether there is a person who gets a way to reduce the speed of the motor vehicle driver and to see well the right and the right of the front door and the right.

Nevertheless, the Defendant, while neglecting the influence of alcohol, took the right side of the victim D (the age of 14) on the right side of the victim D (the age of 14) who has dried the above crosswalk by negligence, and went beyond the ground floor of the Defendant's car.

Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., of the bones of wood, which requires medical treatment for about two weeks, due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on the actual situation, photographs on the scene of an accident, photographs on the escape of a suspected vehicle (CCTV), and photographs on a melting vehicle;

1. Photographs and internal investigation reports (related to the application of the Megical Megnmark A to a driver of a Megn vehicle);

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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