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(영문) 광주지방법원 2014.06.12 2014고단1595
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a driver of a vehicle of 31 ton of freight, who has violated the Act on the Aggravated Punishment of Specific Crimes, the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act;

On March 3, 2014, at around 09:16, the Defendant driven the foregoing cargo vehicle under the influence of alcohol with 0.130% of the blood alcohol concentration. On March 3, 2014, the Defendant proceeded with a one-lane road in front of the Yongsung-gun, Yongsung-gun, Yongsung-gun, Yongnam-do, into the north-do bank north-do.

Since there is a place where the center line of yellow solid lines has been installed, the driver of the motor vehicle has a duty of care to operate the motor vehicle at a safe speed and method depending on the right side of the center line.

Nevertheless, while driving a motor vehicle under the influence of alcohol, the victim D(the age of 61) driven by the victim D(the age of 61) who was in the opposite direction to the center line due to the negligent negligence, suffered from the injury of climatic salt, etc. requiring approximately two weeks of medical treatment on the left-hand part of the said cargo vehicle, and at the same time, the above motor vehicle was stopped immediately and escaped without taking necessary measures, such as providing relief to the victim, even though it was damaged to the extent that the amount equivalent to KRW 1,911,314 of the repair cost is 1,91.314.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the above cargo vehicle.

The Defendant did not subscribe to liability insurance, but operated the cargo vehicle at the above date, time, and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each Act and subordinate statute stated in the actual condition of traffic accidents, the report on detection of a motor vehicle owner, the report on the circumstantial statement of a motor vehicle owner, the diagnosis certificate, the estimate for repair costs of damaged motor vehicles, the ledger of motor vehicle driving licenses, and the ledger of motor

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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