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(영문) 대전지방법원 논산지원 2015.04.17 2013고단542
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt-Wurd Motor Vehicle.

On November 10, 2013, the Defendant, while under the influence of alcohol by 0.176% without a driver’s license, operated the said Amp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

A person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately manipulating the steering system of the motor vehicle and others.

Nevertheless, the defendant neglected to turn to the left from the same direction as the driver's negligence, and led the back part of the EK5 car driven by the victim D (the age of 48) who temporarily stopped to turn to the left from the same direction.

Ultimately, the Defendant caused the victim F. (the 67 years of age) who was on board the said K5 car to suffer injuries, such as salt dynasium, etc. in need of approximately 2 weeks of treatment, due to the above occupational negligence. At the same time, the Defendant destroyed the said K5 car to cover repair costs of KRW 708,516, and went away without taking measures, such as immediately stopping the said car to rescue the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. F’s statement on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes to the register of motor vehicle drivers, such as a traffic accident occurrence report, actual condition survey report, field photograph, report on detection of a drinking driver, circumstantial statement of a drinking driver, diagnosis certificate, quotation, and written estimate;

1. Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act as to the criminal facts, and the aggravated punishment, etc. for each specific crime.

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