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(영문) 대구지방법원 경주지원 2014.05.22 2014고단115
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving motor vehicles B.

On February 1, 2014, the Defendant was under the influence of 0.128% of blood alcohol concentration around 20:40, and the Defendant proceeded with the national highways No. 642-7 side 7 side of the Mandong-dong, Man-dong, Man-si, Man-si, Mandong-si, in two-lanes of way from the offside to the g

There was a duty of care to prevent accidents in advance by living well on a person engaged in driving service and maintaining safety distance.

Nevertheless, the Defendant, while under the influence of alcohol as above, neglected to do so, went behind the victim C's low-speed car, which was parked in a traffic vehicle at the front of the road, and caused the collision with the victim EFetet other car in the future due to the shock, and the conflict with the victim EFet other car in the front of the vehicle.

Ultimately, the Defendant, as stated in the attached list by occupational negligence as above, suffered injury between approximately 2 weeks - 4 weeks from each other, and at the same time, destroyed three automobiles in a total of KRW 33,44,323, and neglected to take necessary measures, such as aiding victims, and thereby escaped approximately 100 meters.

2. The Defendant violated the Road Traffic Act (driving) driving a car with approximately KRW 2 km from the street in the vicinity of the Sinsi-dong Non-Korean University at its own city to the point of the above accident while under the influence of alcohol by 0.128% of the blood alcohol concentration in the time and time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and H;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to each estimate, mid-to long-term sheet, certificate of registration for cancellation of a motor vehicle, and certificate of acceptance of motor vehicle;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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