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(영문) 대전지방법원 2014.03.28 2013고단4592
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

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

On October 5, 2013, at around 01:10, the Defendant driven the said car under the influence of alcohol of 0.161%, and operated the intersection of about 50 km from the direction of the Daejeon East Police Station to about 4 km in the middle distance from Daejeon East East Police Station.

Since there is an intersection where a signal is installed, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, the Defendant neglected this and proceeded to turn to the left on the opposite lane by neglecting the stop signal, and was driven by the victim D(52 years of age) who was driven by the victim D(52) on the opposite lane, and was driven by the Defendant on the left side of the vehicle operated by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim D and the victim F (30 years of age) who was on board the said K5 taxi, such as d' and tensions in the bones of wood that require treatment for about two weeks, and at the same time, destroyed the said K5 taxi to cover approximately KRW 1,962,456, such as the exchange of the front offender, and escaped without taking necessary measures such as aiding the victims by stopping the said taxi immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. The actual condition of traffic accidents;

1. A written report from an employee of an employer;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of punishment: Each;

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