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(영문) 의정부지방법원 2014.10.17 2014고단2514
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 of a C Poter cargo vehicle.

On July 15, 2014, at around 21:30, the Defendant, while under the influence of alcohol at 0.086% of blood alcohol level, driven a boom, and proceeded with a road of 50 meters away from the front of the tank bank protection wall of Gangwon-do, such as the person, etc. in writing, etc. of the steel source of Gangwon-do.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the steering system and operating the steering system properly.

Nevertheless, the Defendant neglected this and got the victim D (the age of 65) who was in the front section of the Defendant’s cargo vehicle due to the negligence of going beyond the Defendant’s cargo vehicle, to go beyond the neighboring grass.

Ultimately, even though the Defendant suffered from the injury of the victim due to the above occupational negligence during about 8 weeks of medical treatment, the injury of the victim, such as blood transfusion, and blood transfusion due to the trauma, was placed in an unidentified state, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (second time);

1. Each police statement of E and F;

1. Each statement of G, H and I;

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

1. A report on detection of a host driver;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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