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(영문) 창원지방법원 2016.03.22 2015고단3121
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving vehicles B.

On October 5, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.053% among blood alcohol level around 21:40, and driven the said vehicle along the two-lane one-lanes between the two-lanes from the direction of the direction of the city of Chang-gu, Chungcheongnam-gu, Seoul, and the road in front of the 3rd apartment house, which is located in the northwest-ro 15 of the city of Chang-gu.

In such cases, a person engaged in driving duty has a duty of care to safely drive in good condition.

Nevertheless, the Defendant discovered that police officers are under the influence of drinking in the front bank at the time, and proceeded without discovering the fact that the vehicles of the DNA Scow driven by the victim C (V, 42 years old) are standing in accordance with the direction of the controlling police officer, while driving on the front bank as they are, to avoid this, by disregarding the stop signal of the controlling police officer. Accordingly, the Defendant was faced with the back part of the vehicles of the said Scow as the front part of the said vehicles.

Defendant 1 suffered multiple ties, etc. requiring approximately three weeks of medical treatment due to the above occupational negligence, and at the same time, Defendant 2 escaped without immediately stopping the vehicle to the extent of KRW 553,749, which was damaged to the extent of the repair cost, without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the escape after the injury of an occupational accident), Articles 148, 54(1) (the occupation of non-measures after a traffic accident) of the Road Traffic Act, Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for each choice of punishment;

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