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(영문) 의정부지방법원 고양지원 2015.04.07 2014고단2488
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

Criminal facts

The Defendant is a person engaged in driving CK9 vehicles.

On August 27, 2014, at around 18:25, the Defendant driven the said car while under the influence of alcohol with 0.128% of alcohol level 0.128%, and had it drive a vehicle at about 80km in the speed of the city in the direction of the city in the direction of the right to freely enter into the land-to-be, Gyeyang-gu, Seoul.

At this point, it is the road of the first line and the vehicle parked on the side, so the driver of the vehicle has a duty of care to safely drive the vehicle by checking well the right and the right and the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was parked on the left side of the running direction by negligence, without examining the front and side of the road, and was parked on the left side of the driving direction, and the back part of the Fow 2 Vehicle owned by the victim E and the victim E (the victim E) who was under the age of 49) was driving by the defendant, and the above Poter 2 was sealed in the front side of the vehicle, and received the back part of the H Star 2 Vehicle owned by G, which was parked on the front side while the said Poter 2 was pushed down in the future.

As a result, the Defendant suffered from the injury of the victim D and the victim E, each of which needs to be treated for about two weeks due to the above occupational negligence, and at the same time, destroyed the above 2nd vehicle so that the repair cost of KRW 2,585,944, and escaped without taking necessary measures, such as stopping the said straw vehicle and providing relief to the victim, even if it damages the repair cost of KRW 696,879.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A report on occurrence of a traffic accident;

1. A report on detection of the driver of the alcoholic beverage;

1. Application of Acts and subordinate statutes to each investigation report (report on the scene of an accident, the receipt of a written diagnosis of victims, and written estimates);

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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