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(영문) 부산지방법원 동부지원 2014.02.04 2013고단3104
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving a B 2 truck in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On October 21, 2013, the Defendant driven the above truck on October 21, 2013, and turned to the left at the elementary school of the captain, while driving the third line road of the front Do road from the Chinese apartment room to the cartoon gate, regardless of the dong and Ri of the captain of the Busan-gun, the Defendant turned to the left.

At the time, there was a duty of care to prevent accidents by safely driving the vehicle, such as checking the front and rear left, complying with the vehicular road, etc., because the vehicle was at night and there was a frequent intersection of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was placed in front of the left side of the victim C's D's car which was parked in order to turn to the left at a one-lane due to negligence when driving the vehicle by neglecting it.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C, such as brain-dead in the absence of two or more open addresses for three weeks, suffered injury to the victim E, who was on the vehicle of the victim C, such as the thring and the pelvise of the pelvis in need of a three-day medical treatment, and went away without taking necessary measures, such as immediately stopping the vehicle of the victim C, even though it was damaged to the extent of scrapping the vehicle of the victim C, and without taking necessary measures, such as aiding the victim.

2. On October 21, 2013, the Defendant driven the above 2 truck under the influence of alcohol level of about 0.160% in a section of about 50 meters, from the road front of the trade influence in the intersection of the Eup of the plane in Busan-gun, the captain of the plane in Busan-gun to the dong or Eup of the plane in Busan-gun, or to the front road.

(i) the evidence;

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