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(영문) 의정부지방법원 고양지원 2013.10.11 2013고단1321
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) driving a Bchip car at around 22:30 on July 16, 2013, and led the road in front of the public parking lot located in the Sinyang-dong-gu Incheon Metropolitan City to the 4 complex area of the Singu-si.

In such a case, the defendant engaged in the driving of motor vehicles had a duty of care to safely drive by checking the front left left door well, because at night and the place was one-way road with no signal apparatus.

Nevertheless, the defendant neglected this and proceeded as it is while driving the car and received the front part of the victim C(18 years old) driving.

Ultimately, the Defendant, by such occupational negligence, sustained injury, such as salt and tensions, etc. in need of medical treatment for about three weeks, and at the same time, did not take necessary measures, such as aiding and abetting the lebane to the sum of repair costs, such as tea correction, but did not take necessary measures, such as aiding and abetting the victim.

2. Around 22:30 on July 16, 2013, the Defendant driven a B-low-income vehicle while under the influence of alcohol concentration of about 0.141% from a 1km section of the blood alcohol content to the roads in front of the Sinyang-gu Incheon Metropolitan City, Seoyang-si, Seoyang-gu, Ulyang-si, U.S. to the roads in front of the Sinyang-gu, Seoyang-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A traffic accident report;

1. A report and circumstantial report on detection of a host driver;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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