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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단1258
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment with prison labor 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

The defendant is a person engaged in the operation of Churd vehicle.

On April 3, 2014, at around 00:04, the Defendant driven the above vehicle while under the influence of alcohol of 0.123% of blood alcohol concentration, and driven the front of the road D at the time of strike, according to one-lane way from the head of the Yancheon-distance to the head of the Shilcheon Slcheon-gu Slock, and led it to bypassing to the agricultural community.

In this case, the driver of a motor vehicle has a duty of care to safely circumvent according to the flow of traffic by driving the two-lanes at the right side of the road prior to the right side of the road.

Nevertheless, under the influence of alcohol, the Defendant neglected it and led the victim F (Nam, 23 years old) driving along the two-lanes to the right-hand part of the G SP car, which was driven by the two-lanes, was shocked by the front door of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as fluoral salt, which requires treatment of the victim for about two weeks, and at the same time destroyed damaged vehicles to bring about KRW 2,712,072 to repair expenses, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Reports on traffic accidents, medical certificates, estimates, and inquiry into the results of the control of drinking driving;

1. Application of the Act and subordinate statutes to the investigation report (demark);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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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