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(영문) 광주지방법원 순천지원 2013.09.12 2013고단1175
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 engaging in driving a rocketing car.

On May 21, 2013, the Defendant, while under the influence of alcohol at 0.232% of blood alcohol concentration, driven the said rocketing-type car, and continued to drive the said rocketing-type car at a speed of 0.232% from May 21, 2013, using the two-lane road in front of the Maro tunnel, which is located in Heung-dong, at a speed of 70km from the right edge to the X-ray.

Since it is a motorway, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear, etc. by a person engaged in driving service.

Nevertheless, the Defendant was negligent in operating the steering gear without operating it properly while under the influence of alcohol, and the date of the set up on the right side of the said two-lanes of the said rocketing passenger car, and due to its shock, the part of the back part of the E-learning passenger car driven by the victim D (W, 46 years old) who was operating in the front side of the said two-lanes while the said rocketing passenger car was driven by the victim D (W, 46 years old).

Ultimately, the Defendant by occupational negligence inflicted injury upon the victim, such as the base base and tension, etc. of the light that requires approximately two weeks of medical treatment, and at the same time, the Defendant destroyed the said passenger car to be repaired in an amount equivalent to KRW 4,162,756, such as the exchange of back pandefers, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 of the Road Traffic Act, Article 148-2 of the Road Traffic Act.

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