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(영문) 창원지방법원 밀양지원 2013.09.26 2013고단321
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 21:30 on May 8, 2013, the Defendant driven B rocketing car while under the influence of alcohol content of about 0.189% at the section of approximately 200 meters from the road near the bones at the 706-6-6 movement in the south of the city of west-do to the road in front of the Gyeongyang-si culture site.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving a rocketing motor vehicle under paragraph (1);

On May 8, 2013, at around 21:30, the Defendant driven the said car while under the influence of alcohol, and proceeded with the road of the first line with no central line in front of the ambaba in the movement of the snife at the snife at the snife of the snife.

At the time, night and frequent houses with frequent pedestrian traffic had a duty of care to prevent shock with pedestrians who walk on the road as a person driving a motor vehicle due to a nearby road.

Nevertheless, as in Paragraph 1, the Defendant, while under the influence of alcohol, did not neglect it and did not immediately stop the said car at the front section of the said rocketing car and did not take necessary measures, even though he did not immediately stop the said car, after the victim C (the 32 years old), who was under the influence of alcohol (the 32 years old), due to the driver’s negligence in the duty and did not stop the said car at the front section of the said rocketing car. At the same time, the Defendant, as in Paragraph 1, did not take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on detection of the driver, report on the circumstances of the driver, and investigation report (applicable with the Corruption mark);

1. Blue images of damaged vehicles;

1. Application of the Acts and subordinate statutes of quotation and written diagnosis.

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