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(영문) 전주지방법원 2013.12.11 2013고단2249
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and Violation of the Road Traffic Act (Non-accidenting Measures) are those engaged in driving freight vehicles C, and on August 31, 2013, the Defendant driven the said car while under the influence of alcohol of 0.147% of blood alcohol concentration at 0:45 on August 31, 2013, and led to approximately 40 kilometers per hour by driving the said car at a low distance in front of the collection of sampling aggregate, located in Yju-gun, volcanic as an volcanic slope.

Since there are lots of roads connected to the non-wing slope, the driver of the motor vehicle has a duty of care to check and proceed with safety of the course by checking whether there are vehicles entering the motor vehicle after left the door from the non-wing slope.

Nevertheless, the Defendant neglected this and found the E-business car driven by the victim D (hereinafter referred to as 37 years old) who first entered the intersection and left to the left at the slope from the non-furnal surface due to the negligence in which the Defendant was under the influence of alcohol, and then did not avoid it, and received the front part of the cargo vehicle driven by the Defendant on the left side of the victim's vehicle.

As a result, the Defendant suffered injury to the victim, such as a thrings of the offline, which requires approximately eight weeks of medical treatment, due to such occupational negligence, and at the same time, destroyed the above damaged vehicle to the extent that the repair cost of KRW 5,465,038 was damaged, and escaped without any necessary measures, such as aiding the victim, by immediately stopping it.

2. On August 31, 2013, at around 20:45, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol with a blood alcohol content of about 0.147% from the 3km section from the lower road of the Defendant’s operation, which was located in F of the Jeonju-gun of North Korea, to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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