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(영문) 부산지방법원 동부지원 2014.02.12 2013고단3094
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving two cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On November 5, 2013, the Defendant driving the above cargo vehicle around 22:50, and driving the two-lane road outside the new city, which is located in the west-gu Busan Metropolitan City, Busan Metropolitan City, along the two-lane road, from the boundary of the luminous intersection to the intersection of the luminous intersection, the Defendant changed the two-lane to the two-lane.

At the time, there are night and two-lanes of other vehicles, so there was a duty of care to inform a person engaged in driving of a motor vehicle of the direction by direction, etc. in advance, and to prevent accidents in advance by safely changing the lane in order to ensure the traffic situation of the front and rear left well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle by changing the sudden lane without examining the surrounding areas, and was negligent in driving the vehicle at the two-lanes of the victim C(52 years old) who was driving in the same direction as the Defendant, and was in front of the left-hand side of the said cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the scopical salt that requires treatment for about two weeks, and, at the same time, escaped without immediately stopping the scop and taking necessary measures, such as providing relief to the victims, even though the scopic taxi was damaged to repair cost of KRW 827,896, such as exchange and maintenance of scopers.

2. Around 21:30 on November 5, 2013, the Defendant driven the above cargo vehicle under the influence of alcohol content of about 0.237% from the section of about 10km to the 3rd-distance road located in the 10km-dong of Busan Metropolitan City, through the above accident site at around 22:50 on the same day.

Summary of Evidence

1..

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