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(영문) 창원지방법원 2014.03.25 2013고단3525
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A person who is engaged in driving a motor vehicle by obtaining a franchise from a defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On September 29, 2013, the Defendant driven the said car with a alcohol concentration of 0.134% 0.134%, while under the influence of alcohol around 19:00 on September 29, 2013, and driven the said car along the three-lane line of the Bank of Korea shooting distance, which is located in the new line of the window of Changwon-si, Changwon-si.

In this case, a person engaged in the driving of motor vehicles has a duty of care to properly see the front side and the left side and accurately manipulate the steering direction and brake system, and prevent accidents from occurring.

Nevertheless, the Defendant neglected this and led the victim D(the age of 42) driving ES520 V car back to the front driver of the Defendant driving vehicle in order to circumvent it to the fronter of the driving vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. of a shoulder pipe that requires treatment for about three weeks, and at the same time, the Defendant, while destroying and damaging the said SM520-V car to bring about about approximately KRW 373,526, such as the replacement of back pans, failed to take measures such as providing relief to the victim.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a section of about 300 meters from the roads in front of the merchant south-dong in Changwon-gu, Changwon-si to the accident site under the above paragraph (1) while under the influence of alcohol with a blood alcohol concentration of 0.134% at the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, investigation report on the actual condition of a traffic accident, and photographs related to a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate and estimate.

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