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(영문) 춘천지방법원 원주지원 2013.12.18 2013고단765
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On September 14, 2013, at around 21:25, the Defendant driven a B body-man under the influence of alcohol concentration of approximately 0.207% from the 1km section of the blood alcohol content from the front side of the gate-to-face in the original Doro-Eup Doro, to the front side of the gate-to-To-Tol in the original Doro-Eup Doro.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) have been driven by the above temporary police lines B at a speed of about 50km per hour from the Doluto Doluco, along one lane from the Doluto Doluco.

At that time, the DNA car driven by the victim C was a traffic signal stop in the opposite direction. Thus, the driver of the vehicle has a duty of care to observe the signal and safely drive the car and prevent the accident by safely driving it.

Nevertheless, the Defendant neglected this and went through the intersection by breaking the central line of alcohol while passing through the intersection as above, and caused the Defendant’s vehicle to shock the part above the left-hand side of the victim’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as salt pans and tensions, etc., of the finites that require approximately two weeks of medical treatment, and at the same time, escaped without immediately stopping a car owned by the victim, even though the 1,222,382 won was damaged to the extent that the finites were damaged.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. The specific crime under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) regarding the crime and the specific crime.

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