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(영문) 춘천지방법원 강릉지원 2015.11.12 2011고단525
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving of CRati Motor Vehicles;

On June 18, 2011, the Defendant, while under the influence of alcohol of 00:28, the blood alcohol concentration of 0.171%, was driven by the said vehicle, and led to the driving of the said vehicle to the direction of the new terminal from the direction of the former terminal.

In such cases, the driver has a duty of care to maintain the safety distance with the front-side vehicle by driving the driver while keeping the front-side and left-hand side well, and to safely operate the steering system and the brake system properly.

Nevertheless, the defendant neglected to do so and was negligent in proceeding on the front side of the car by the victim D (the age of 24) who was in the atmosphere of the passenger car of the defendant, which was driven by the victim D(the age of 24).

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, brain, brain-dead, etc., which requires the victim’s treatment of approximately two weeks, and at the same time, escaped without any necessary measures such as stopping the car and providing relief to the victim, even though the Defendant destroyed the above character’s car so as to cover KRW 4,570,738, such as wheel chairs, etc.

2. The Defendant violated the Road Traffic Act (driving) and driven the said car from the front of the mountain apartment in Gangseo-si Hong-si to the front road in the same Dong via the above accident site while under the influence of alcohol by 0.171% of the blood alcohol concentration in the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report and field photographs;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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