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(영문) 대전지방법원 2015.03.19 2014고단4185
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant is also a person who is engaged in driving of a bareboat cargo vehicle even in C.

On October 9, 2014, the Defendant driven the above cargo while under the influence of alcohol with 0.153% of alcohol concentration at 0.15%, and was straighted in the vicinity of the Daejeon Jung-gu by three-lanes of the four-lanes of the 4-lanes of the west-gu.

At this point, the signal, etc. was four meters, so the defendant engaged in the driving of motor vehicles had a duty of care to prevent accidents in advance by accurately manipulating the front left left left and the steering gear, and safely driving the steering gear and the brake system.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front time, and neglected to proceed with it, and was found to have received the part on the front side of the Defendant’s car from the victim D(the age of 42) driving that was stopped for the air traffic signal.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks due to such occupational negligence, and, at the same time, escaped without taking necessary measures, such as aiding the victim, even if the damaged vehicle was damaged to be in excess of KRW 1,012,774.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

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 concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;

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