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(영문) 전주지방법원 2014.05.02 2014고단231
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 of the final judgment.

Reasons

Punishment of the crime

1. On November 8, 201, the Defendant has been sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Jeonju District Court on November 8, 201, and a fine of 2 million won for the same crime at the same court on May 6, 2013.

Although the Defendant had a history of drinking twice or more as above, on November 28, 2013, at around 22:35, the Defendant driven a C Sti-type car under the influence of alcohol with a blood alcohol content of 0.100% from the front day of the Yasan-gu Seoul Special Metropolitan City Densan-si (Seoul Special Metropolitan City) to the south Aluminium road in the same location.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) committed two lanes in front of the Southern aluminium above the date and time indicated in the preceding paragraph to run one-lane in accordance with one-lane of the route pharmacy from the Doingside of the Doingle of the Doingle of U.S. to the face

Since the victim D(51) was walking on the right side of the road at sea, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as thorough operation of the steering gate, and accurate operation of the steering wheel and brakes.

Nevertheless, while under the influence of alcohol, the Defendant, while neglecting this, went beyond the road by neglecting the body of the victim due to the occupational negligence of the Defendant’s car driving along as it is, thereby neglecting the body of the victim, and thereby getting the victim to suffer approximately three weeks of medical treatment, such as the right shoulder and the arms arms arms, etc., and escaped without immediately stopping and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

1. Statement of D police statement;

1. A medical certificate;

1. Previous records: Application of criminal records and other Acts and subordinate statutes;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment.

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