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(영문) 대구지방법원 경주지원 2014.11.26 2014고단619
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On June 18, 2014, at around 07:20, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.058% of blood alcohol concentration, and changed the two lanes in front of the DNA oil station in Yongcheon-si C from the direction of the mouth to the one lane in the direction of the Sincheon-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to inform the direction change in advance and to change a lane safely by taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and changed the lane to the left-hand side, thereby resulting in a conflict between Furging a Furging that the victim E (the age of 67) driving in the same direction, and the front door of the car, following the left-hand side of the car above the car.

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions, which require treatment for about two weeks, and at the same time, destroyed a car owned by the victim to have an amount equivalent to KRW 1,916,561, such as exchange with right fences in front of the right, and escaped without stopping and taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition, a medical certificate, a report on investigation (E), a report on actual condition of a driver, a report on actual condition of a driver, a output of measuring instruments, an insurance coverage certificate, a written application, an insurance certificate, a written estimate, a written estimate, a report on investigation, and a report on investigation (verification of details of agreement, etc. by the victim);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to criminal facts, Article 268 of the Criminal Act provides that the Defendant was aware of the victim’s name after the accident.

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