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(영문) 수원지방법원 안양지원 2013.10.24 2013고단964
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

Punishment of the crime

On July 12, 2013, the Defendant, while under the influence of alcohol of 0.201% of blood alcohol concentration on July 22, 2013, driven the B-learning car and proceeded at a speed of about 60 km per hour at a speed of about 115.6 km away from the offside of the front-dong Seoul metropolitan Highway at a distance of 115.6 km along the parallel parallel line of the P-dong Seoul metropolitan Highway.

However, at night and at that time, the Defendant was trying to change the lane, so in such a case, there was a duty of care to inform the driver of the motor vehicle of the direction, etc. in advance, and to prevent the accident by making the traffic situation of the front and rear left, and by changing the lane safely.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, was negligent in changing the vehicle line to one lane, and the victim C (In this case, 45 years old) who was driving directly in the same direction at the time of the same lane, was driving by the victim C (In this case, 5 years old).

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as stopping the car owned by the victim E to the extent that the repair cost, such as cutting off the knife knife knife, etc., was damaged to the extent of KRW 676,276.27.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A copy of the master report, a copy of the report on the status of the driver, and a copy of the report on the status of the driver, and the written request for appraisal;

1. Inquiry into the enemy;

1. Application of written estimates and written diagnosis to statutes;

1. The punishment of specific crimes under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the aggravated punishment for the crime.

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