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(영문) 대구지방법원 2015.04.16 2014고단6714
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. Around 02:30 on October 23, 2013, the Defendant violated the Road Traffic Act (driving) operated a B car under the influence of alcohol leveling 0.215% in blood alcohol level, from the front day of the main station in the mutual insluence around the Hongdong, Mapo-gu Seoul Metropolitan Government red-dong to the roads in the same day at around 02:50 on the same day.

2. Around October 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) was running the said Kan-ray vehicle at an influorial speed in the direction of the same intersection in the Gohap-dong, Mapo-gu, Seoul, at the same time as the Gohap-dong, Seoul. A person driving the vehicle was obliged to properly coordinate the direction operation system and operation system and drive the vehicle safely by checking well the right and the right and the right of the front line.

Nevertheless, under the influence of alcohol, the Defendant, by negligence of neglecting the above duty of care, shocked the backer of the victim C(53 years old) driving of the victim C(53 years old) who was stopped for the foregoing signal atmosphere with the front part of the Kanop vehicle.

As a result, the Defendant sustained injury by the victim C, such as salt c, which requires medical treatment for about 14 days, and suffered from the injury of the shoulder c, which requires medical treatment for about 14 days to the victim E (the 26-year-old passenger). Although the above taxi was damaged by the amounting to KRW 1,080,383, the Defendant immediately stopped the taxi and escaped from the site without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C and A by the police;

1. Each injury diagnosis letter;

1. A photograph of the damaged vehicle and written estimate for repair;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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