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(영문) 의정부지방법원 2013.07.26 2013고단1305
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 B-B-B-B vehicle.

On 26. 02. 02. 02. 02. 02. 26. 02. 02.15, the Defendant driven the above vehicle while under the influence of alcohol of 0.123%, and led to the two-lanes between the two-lanes in the direction of the Jyang-gu Seoul Special Metropolitan City in the direction of the Earth-gu.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation and driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so and neglected to do so and neglected to do so.

In the same direction, the victim C(41-year-old) driving of the victim C(41-year-old driving) driving, and the driver was found to be late and stopped, but the driver did not avoid it, and did not look at the part before the driver's seat of the defendant's driving vehicle, and boomed the part of the damaged vehicle with the front part of the driver's seat.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victims and the passengers E (year 22) of the damaged vehicles, such as climatic dump, etc. in need of approximately two weeks of medical treatment, and at the same time, even though the above damaged vehicles were damaged to have an amount equivalent to KRW 4,287,067, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. The actual investigation report on traffic accident;

1. On-site photographs;

1. Report on the circumstantial statements and investigation report of a host driver (application of the Ba mark);

1. A medical certificate (C, E);

1. Application of the written estimate for motor vehicle inspection and maintenance;

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 and 54 of the Road Traffic Act concerning criminal facts.

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