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(영문) 대구지방법원 2013.04.25 2013고단1910
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The Defendant is a person who is engaged in driving a B car.

1. On February 19, 2013, the Defendant driven the said vehicle under the influence of alcohol content of 0.143% from the 7km section of around 7km to the 40-lane 64, at the same time, from the front of a restaurant in the mutual influence of Jin-Eup, Jin-si, Jin-si, Jin-si, Jin-si to the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (U.S.A.) were operated by the Defendant on the same date and time as the foregoing paragraph 1 and operated the said car in front of the Coinart, which is in the private road in the Gyeongsan-si, Busan Metropolitan City.

The Defendant, prior to the same direction, was driven by the victim C (the age of 56) behind the Dirsatom car, and therefore, the Defendant had a duty of care to take part in driving service with the safety distance to cope with the situation or speed of the said car and to secure and proceed with it.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and was driven by the victim C prior to the same direction as the Defendant, which was driven by the victim C, was the front part of the car operated by the Defendant.

As a result, the Defendant suffered injury to the victim C and the victim E (V, 53 years old) who was on board the window with the foregoing occupational negligence, each of the two weeks of medical treatment. At the same time, the repair cost, such as the exchange of exhaust pipe, etc., did not stop immediately to the extent of 2,265,369 won, and escaped without taking necessary measures, such as aiding the victim, even if the said car was destroyed to the extent of 2,265,369 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident;

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