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(영문) 의정부지방법원 고양지원 2016.05.31 2015고단3253
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (after an accident);

On October 2, 2015, the Defendant driven the said car under the influence of alcohol content 0.144% among blood transfusions on October 23:40, 2015, and driven the said car at a low-speed high school located in the Sinsan-dong, Sinsan-gu, Mangsan-si, Gyeonggi-do, along one-lane between two lanes in the direction of windic acid, from the direction of the Sinsan Police Station, at the direction of the Sinsan-si, and the Defendant driven the said bus in the direction of the victim D (30 years old) going ahead of the said bus. Therefore, the Defendant had a duty of care to safely proceed by sending the signal by a horn, etc. depending on road conditions.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol, and neglected to do so, brought about the front part of the driver's seat of the above bus operated by the injured person in front of the same direction with the front rear wheels of the Defendant vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to salt, tensions, etc. in need of medical treatment for about 20 days, and at the same time, destroyed the bus to come up with KRW 1,00,400, such as the panel, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the bus.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the above cargo vehicle under the influence of alcohol with approximately 0.144% alcohol concentration in blood at a distance of about 500 meters from the high school located in the Sonsan-dong, Seoyang-gu, Sonsan-si, Gyeonggi-do to the remote distance in the same Dong in front of the high school located in the same Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The investigation report on the actual condition of a traffic accident and the occurrence report on a traffic accident;

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