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(영문) 창원지방법원 통영지원 2014.03.20 2013고단1039
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those who are engaged in driving CFD cars.

On December 5, 2013, the Defendant driven the above vehicle while under influence of 0.071% of blood alcohol concentration at a 0.071%, without obtaining a driver’s license on December 5, 2013, and driven the two-lane road in front of the camping distance at the beginning of the macro-si at the beginning of the macro-si.

There are three-distance crossings where traffic is controlled by signal apparatus, so in such a case, a person engaged in driving service has a duty of care to drive according to signals instructed by signal apparatus.

Nevertheless, the Defendant neglected this and proceeded on the right side of the vehicle driving in violation of the signal and again on the right side of the victim D (n, 21 years old) who was driven by the victim D (n, 21 years old). The Defendant was driven by the front part of the vehicle driving by the Defendant.

The Defendant, by negligence in the course of performing such duties, sustained injury to the victim, such as scarcity salt, etc. which requires treatment for about two weeks, and at the same time, even though the said new car was damaged to an extent equivalent to KRW 1,121,930, the Defendant stopped immediately and escaped without taking measures, such as providing relief to the victim.

2. Around 19:10 on December 5, 2013, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license in the section of about 5 km from the old Seocho-gu elementary school near the Taepo-dong in Seopo-si, Seopo-si to the 14th of the beginning of the same city at the same time, and driving a CF car while under the influence of alcohol content 0.071% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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