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(영문) 부산지방법원 2015.12.02 2015고단5427
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving a motor vehicle of the Orsopus vehicle, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, the Road Traffic Act, and the violation of the Road Traffic Act;

On June 18, 2015, the Defendant driven the said car under the influence of 0.142% alcohol level without obtaining a driver's license at around 05:10 on June 18, 2015, and led the two-lanes of the five-lane road in front of the Taeified apartment in Busan, Busan, to the direction of the opening from the side of the front side.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected to do so and went under the influence of alcohol and brought the part on the left-hand side of the Defendant’s vehicle following the DNA-learning car driven by the victim C(the age of 22) who was in the atmosphere of the signal in front of the horse.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as salt, tension, etc. in need of treatment for about two weeks, and, at the same time, escaped without immediately stopping a vehicle owned by the victim, without taking necessary measures, such as providing rescue to the victim, even though it damages KRW 1,865,168, such as the exchange of a vehicle with the victim’s rocketing.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with a motor vehicle.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from operating on the road, the defendant operated the motor vehicle without mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. C.

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