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(영문) 부산지방법원 2014.11.26 2014고단7561
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a Switzerland car.

On September 4, 2014, the Defendant driven the said car under the influence of alcohol of 0.168% with blood alcohol concentration around 06:14, and led to the running of the said car along the intersection in front of the old peltong located in the third Doo-gu Doo-gu, Busan along the intersection in the direction of the intersection, along the one-lane between the other and the other two-lanes.

Since there is an intersection where a signal is installed, there was a duty of care to observe the signal to the person engaged in driving service and proceed with safety.

Nevertheless, under the influence of alcohol, the Defendant neglected to observe the signal and received the back-hand part of the victim C (the 46-year-old driver’s license) driving from the string on the string of the string-down passenger vehicle, which is in line with the string-down driver’s license to the string-down passenger vehicle.

As a result, the Defendant suffered injury to the affected party, such as catitiss that need to be treated for about two weeks by occupational negligence as above, and at the same time, destroyed the damaged vehicle to the extent that the amount equivalent to KRW 843,698, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of the Acts and subordinate statutes to the traffic accident inspection report, the driver-employed driving report, the report on the status of the driver-employed driver, the inquiry into the results of the drinking-driving control, the vehicle report, the photograph of the accident vehicle, and the photograph-faculing

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and selection of imprisonment for each sentence of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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