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(영문) 춘천지방법원 원주지원 2013.11.19 2013고단500
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 three 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 EXE car.

On July 19, 2013, the Defendant operated the said car under the influence of 0.131% of alcohol concentration without obtaining a driver’s license on July 21, 2013, and continued to proceed with the national highway No. 19, prior to the opening 19, which is in the opening of the Gangwon-do Crossing-gun Crossing-gun.

At that time, at the right side of the defendant's proceeding, the driver was placed at the right side of the victim C and the driver was engaged in driving, so there was a duty of care to safely drive the driver by making the gallon, the owner of the victim C, well-being and left and right.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle on the right side of the Defendant’s vehicle by negligence, and received the left side part of the vehicle on the gallon.

Ultimately, the Defendant, by such occupational negligence, sustained injury to victims E (n, 31 years of age) who was on board the said gallon vehicle, and went away without taking necessary measures, such as stopping the said gallon vehicle of the victim C, even though the Defendant destroyed the gallon vehicle to be 2,892,523 won, such as the exchange of gallons, for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against E (including the C’s statement part);

1. Report on detection of drivers and the register of driver's licenses;

1. Application of the Acts and subordinate statutes of a written diagnosis (E) and written estimate (D);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of the kind of punishment: Imprisonment with prison labor;

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