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(영문) 춘천지방법원 2014.07.24 2014고단402
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 driver of a wing and cargo vehicle B.

On April 29, 2014, at around 22:20, the Defendant driven the above cargo while under the influence of alcohol of 0.146 percent of blood alcohol concentration, and led the scholarship crossing in Chuncheon-si, Chuncheon-si to the east-do west-do west-do.

At all times, there is an intersection where signal lights are installed, so in such a case, a person engaged in driving service has a duty of care to reduce the speed, to live well in the front line, and to drive safely in accordance with the signals.

Nevertheless, the Defendant received the front-hand part of the victim's Dmp car (the age of 69) driving, which was left to the left due to a sudden negligence in violation of the alcohol-based driving signal, as the front-hand part of the said mp car. The Defendant followed the mp car by turning the mp car to a shock, and had the same victim E(the age of 36) driving, which was followed by the said mp car.

Ultimately, the Defendant, due to the above occupational negligence, sustained the victim C with a elbow strings, etc. requiring treatment for approximately two weeks, suffered from the victim E with a scarbing strings that require treatment for approximately two weeks, and at the same time, destroyed the repair cost of the above sastrings to ensure that the repair cost of the above strings is equivalent to KRW 7,00,400, and the above strings car is equivalent to KRW 2,578,277, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of each written estimate 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, and the Road Traffic Act concerning the crime in question.

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