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(영문) 수원지방법원 안양지원 2013.10.30 2013고단980
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a C-A-Wurt Motor Vehicle.

On June 9, 2013, at around 09:15, the Defendant driven the said vehicle while under the influence of alcohol with 0.168% of alcohol concentration 0.168%, and driven the vehicle to the new engineer distance from the side of the agricultural and fishery product market in front of the new engineer distance in the front of the Dong-gu Ho-dong during the Ansan-si period.

At this point, the signal was an intersection where the signal was installed, and in the same direction the victim D(n, 43 years old) driving is behind the victim D(n, 43 years old) driving, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and to secure a safe distance that can be avoided when the vehicle stops with good faith and situation.

Nevertheless, the Defendant neglected this and stopped in the atmosphere of a marina signal by negligence, and received the back portion of the weather big car as the front part of the Defendant’s driving.

At the same time, the Defendant suffered injury, such as scam scams, which requires treatment for about three weeks by occupational negligence as above, and, at the same time, did not immediately stop the said scbbbbbbbus to rescue the victim, even if it damages the 29.60,000 won of repair expenses, and escaped without taking necessary measures, such as providing relief

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Report on drinking, standing and statement of a driver;

1. A medical certificate (D);

1. Application of the written estimate for vehicle repair;

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) 2 and 44 (1) of the Road Traffic Act concerning the crime (the point of a sound driving)

1.Article 40 of the Criminal Code of Trade and Trade.

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