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(영문) 대전지방법원 홍성지원 2013.06.14 2013고단81
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

The defendant is a person who is engaged in driving of a passenger car between C and C.

On December 8, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.067% 0.067% around 13:25 on December 8, 2012, and led the front way of the Sugyeong-si, Bon-si to the entrance shooting range of the main apartment at the shooting distance of the main apartment.

Since the above road is a place where vehicle traffic is frequent by a two-lane road, in this case, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance with the vehicle in front by maintaining the safety distance with the vehicle in front without driving under the influence of alcohol.

Nevertheless, the Defendant neglected to do so and was driven by the victim D (ma, 52 years old) who was parked in front of the Defendant, and was driven by the victim D(ma, 52 years old) who was parked in front of the Defendant, and then moved the back part of the EF vehicle into the front part of the Defendant’s driving vehicle, and then moved back to the front part of the Defendant’s driving vehicle into the right part of the G EF vehicle owned by the victim F, which was parked in the front part of the victim’s car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D, such as fluoral salt, and damaged the f28,800 won of the fluoral car, and escaped without taking measures such as immediately stopping the fluoral car and providing relief to the victim, even if the fluoral car was damaged by the 446,695 won of the fluoral car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and photograph of D police statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of written estimates (Evidence No. 60 pages of evidence);

1. The punishment of specific crimes under Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the aggravated punishment for the crime.

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