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(영문) 수원지방법원 안산지원 2014.06.18 2014고단867
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

Criminal facts

At around 05:40 on April 7, 2014, the Defendant driven B K5 vehicle with a blood alcohol content of 0.094% and proceeded at a speed of about 40 km per hour from the surface of the Rag-do apartment complex of the 446 Jeju Airport 2-dong, Ansan-gu, Ansan-si, Annsan-si, with a three-lane road in front of the apartment complex of Annsan-si, Annsan-si, Annsan-si.

Since the location is where signal lights are installed, a person engaged in driving service has a duty of care to maintain the safety distance from the front and the safety distance, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected this and did not find out that the Drocketing car driven by the victim C, which was driven prior to the same lane, stops in accordance with the stop signals, and did not proceed as it is, thereby, received the part of the damaged vehicle behind the Defendant’s driving, which was driven by the victim C.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim C and the passengers of the damaged vehicle E, such as light salt, tensions, etc. requiring approximately two weeks of medical treatment, and escaped without any measures such as aiding and abetting the victim, even though the Defendant damaged the damaged vehicle to be 2,478,88 won, such as exchange, etc. with the right-hand fences, and attempted to stop the damaged vehicle, without taking measures such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. The circumstantial report on the driver, and the written report on the driver's license;

1. Application of two copies of a written diagnosis and written estimate Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime, and Articles 148-2 (1) of the Road Traffic Act concerning the selection of punishment for each specific crime;

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

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