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(영문) 창원지방법원 2014.06.26 2014고합100
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person who drives CS5 vehicles.

On March 26, 2014, at around 13:30, the Defendant driven the above vehicle while under the influence of alcohol of 0.151% of blood alcohol concentration, and led the Defendant to drive four-lanes of the four-lanes in front of the Changwon-si Seo-si Mobp apartment bus stops.

At the time, since the bus stops on the front side of the vehicle operated by the Defendant, there was a duty of care to check whether there is a person who is engaged in driving of the vehicle, and to accurately operate the steering system and the brake system and to prevent the accident in advance.

Nevertheless, as seen above, the Defendant was negligent in driving without normal driving due to influence of drinking, and the part of the bridge of the victim D (the age of 44) aboard the bus was taken as the front part of the above vehicle, and suffered about five weeks from the injury to the victim.

The Defendant, at the request of the person surrounding the hospital, was killed of the above injury as seen above, went away from the front line of the vehicle to the front line of the vehicle, and went away without taking any measure, such as aiding the victim, by moving the victim out of the road from the front line of the vehicle at the front line of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a suffering accident, a survey report on the actual condition, a report on detection of a host driver, a medical certificate, and a photograph related to a traffic accident;

1. Application of the Acts and subordinate statutes of the Motor Vehicle Comprehensive Insurance Certification Agency;

1. Article 5-3 (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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