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(영문) 청주지방법원 2018.09.05 2015고단1770
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 a period of 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 a BF rocketing car.

On September 25, 2015, the Defendant driven the said car under the influence of alcohol content of 0.086% from blood transfusion around 21:00, while driving the said car at a 0.086%, and driven the said car at an insular speed from the offline of the Gidong-gu, Heungdong-gu, Cheongju-si to the offline of the gold apartment room.

At the time, there were night lines, and there was a center line of yellow solid lines.

In this case, the driver of the motor vehicle has a duty of care to protect the accident by viewing the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded with the median line while driving it in the direction opposite to the Defendant’s proceeding, and received the front part of the victim E(67) driving which was going to the direction opposite to the Defendant’s proceeding as the front part of the left part of the vehicle of the Defendant’s driving.

As a result, the Defendant, by negligence in the course of business, sustained injury to the victim, such as salt, tensions, and so on. At the same time, the Defendant, which was owned by the victim peace-si Co., Ltd., destroyed the car to be 3,325,265 won in repair cost, and escaped without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Location of an accident and a vehicle flight distance;

1. A written diagnosis and written estimate of general repair expenses;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty: Imprisonment with prison labor;

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