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(영문) 춘천지방법원 속초지원 2013.05.15 2012고단377
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a gallon or a combined driver.

On October 18, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.076% of blood alcohol concentration around 17:20 on October 18, 2012, and proceeded with a road of 1-lane in front of the entrance of the Yangyang International Airport, which is located in the kingyangyang-gun, Seoyangyangyang-gun, Yangyang-do.

In such cases, a person engaged in driving service has a duty of care to safely proceed with the operation, such as checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the front line while driving on the front line by negligence, and was driven by the victim D (IS 64 years old) who driven in the front line while driving on the front line, and received the front part of the front line of the above van.

Accordingly, the Defendant, due to the above occupational negligence, sustained the injury of the above victim in light of the influence of crypumum, etc., which requires approximately two weeks of medical treatment, and suffered from the victim F (n, 65 years of age) who is a passenger of the above Atosp car, both sides requiring medical treatment for about three weeks. At the same time, even though the above Atosp car was damaged to an amount equivalent to approximately two million won of repair cost, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A survey report on actual condition, photographs related to traffic accidents entering Yangyang Airport, confirmation photographs on the scene of the accident, and photographs of the skin vehicle;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the general medical certificate (F) and the general medical certificate (D);

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

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