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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1271
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. Around 00:01 on September 24, 201, the Defendant driven B EXF car while under the influence of alcohol with a blood alcohol concentration of 0.105% on the roads near the apartment complex of the Kumpong-dong, Kumyeong-dong, Kumyeong-dong, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving EXF motor vehicles.

On September 24, 2014, at around 00:01, the Defendant started the above Xex car, which was parked on the side as a additional surface from the Ji-dong, while under the influence of alcohol, and changed the course from three lanes to two lanes.

At night, there is a duty of care to inform the person engaged in driving of a motor vehicle of the direction-setting by hand or direction in advance and accurately manipulate the steering direction and the system of operation in order to prevent accidents in advance.

Nevertheless, the Defendant neglected this and went into two-lanes of the victim C(18) driving on the same room due to the negligence of changing the course as it was, the front part of the victim C(18 years old) driving was taken into account as the front part of the Defendant’s driving’s above X-FF car in front of the left part.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim C, such as a diversating dives of a mid-to-face divershosis, etc., which requires approximately eight weeks of treatment, and, at the same time, escaped without immediately stopping and taking necessary measures, such as providing rescue to the victim, even though the above divers of the victim E, which caused damage to the repair cost of KRW 2,475,00.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, reports on the circumstances of a driver, on-site photographs, and actual condition survey reports;

1. A written diagnosis and a written estimate;

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