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(영문) 의정부지방법원 고양지원 2013.12.12 2013고단1358
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around July 4, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) driven a B-low-water vehicle under the influence of alcohol concentration of 0.223% by driving a blood alcohol concentration on July 4, 2013, and proceeded with the crosswalk in front of the 1 complex of the low-speed village, which is located in the Goyang-si, Busan Metropolitan City.

Since there is a crosswalk where a signal, etc. is installed, in such cases, a person engaged in driving duty has a duty of care to check whether there is a person who gets on the crosswalk to reduce speed and to see well the right and the right and the right and the right of the crosswalk, and to safely drive the crosswalk in accordance with the new code.

Nevertheless, the Defendant, under the influence of alcohol, escaped without taking necessary measures such as providing relief to the victim C (the 40-year old), the victim D (the 15-year old age), the victim E (the 14-year age), the victim F (the 15-year age), and the victim G (the 14-year age), etc. requiring approximately three-day medical treatment for the victim C, even though the victim D, the victim E, the victim F, and the victim under the influence of alcohol due to the occupational negligence in the course of the foregoing car, and each of the 2-day medical care for approximately two weeks.

2. On July 4, 2013, from around 21:00 to around 22:40 of the same day, the Defendant driven Bho-do car within approximately 6km from the front side of the “Sae-gun-gun-gun Aucom cafeteria” located in the Goyang-gu Mannsan-si, Seoyang-si under the influence of alcohol content of blood 0.223% from July 4, 2013 to the front road of the “Man-do-si” store located in the Soyang-si, Seoyang-si, Seoyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, D, E, F, and G;

1. A report on the occurrence of a traffic accident (1) (2) (the actual survey report);

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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