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(영문) 의정부지방법원 2015.08.28 2015고단1508
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

1. The Defendant is a person who is engaged in driving a car in the B SP site.

On April 8, 2015, at around 00:25, the Defendant driven the said car while under the influence of alcohol with 0.10% of alcohol concentration 0.10%, and driven the four-lane of the distance of driving in front of the DNA art hall in Kuri-si C, Guri-si, along the two-lane of the intersection distance from the boundary of the Tridge distance.

In such a case, a person who is engaged in driving of a motor vehicle has a duty of care to properly operate the operation and steering gear of the motor vehicle, and to safely drive it by properly operating the operation and steering gear of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the above taxi as the front part of the passenger car of the Defendant due to negligence while neglecting it.

As a result, the Defendant suffered salt frys in the front part of the light that requires medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant escaped without necessary measures, such as immediately stopping the damaged taxi to cause damage by immediately stopping it, even though it damages 412,256 won, such as exchange of back fryer, etc.

2. The Defendant, while under the influence of alcohol concentration of 0.10% at the above temporary border, driven the car on the 3 kilometers from the front day of the Gyeonggi-do Suwon-si Tri-si Mutual Insulpump to the roads front of the Drymp of the Gri-si, Gyeonggi-do to the roads front of the Drymp of the Gri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, and Article 148 of the Road Traffic Act.

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