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(영문) 대전지방법원 2014.10.30 2014고단2864
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2014, at around 02:05, the Defendant driven a G K5 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.166% from the section on the street from the road front of a D cafeteria located in Seo-gu Daejeon to the F. in Seo-gu, Daejeon to the road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.A.) and the Road Traffic Act (U.S.A.) were driven by the said vehicle under the influence of alcohol at the same time, and the Defendant came to turn to the left from the front line of the Korea Electric Power Corporation located in the Seo-gu Incheon Metropolitan City.

However, in such a case, the driver of the motor vehicle has a duty of care to ensure the safety of the course and to drive safely by taking into account the front side and the left side of the motor vehicle.

Nevertheless, the Defendant, by negligence entering the above intersection to turn to the left without neglecting this, got the victim H (e.g., 58 years old) driving on the right side of masta car driving at the right side, and suffered injury, such as climatic salt, etc. in need of treatment for about two weeks in front of the left side of the said K5 vehicle, and tried to escape without taking necessary measures such as providing relief to the victim, etc. by immediately stopping.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. Each police statement made to H and J;

1. A report on detection of a host driver (No. 3 in the evidence list);

1. A medical certificate;

1. Application of the written estimate for motor vehicle repair;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the crime;

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