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(영문) 창원지방법원 거창지원 2015.10.21 2015고단202
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) is a person engaging in driving a B K5 car;

On July 9, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.135% of blood alcohol concentration on July 21:25, 2015, and continued the roads in front of the Changnam-gu, Changnam-gu, Changnam-gu, Changnam-gu, Seoul, with the view to the outflow of the passenger distance from the southwest of the Changnam-do.

At night, there was a duty of care to prevent accidents by thoroughly manipulating the steering time and accurately manipulating the steering gear and brakes as a person engaged in driving a motor vehicle.

Nevertheless, the Defendant did not discover the Defendant’s bicycle riding prior to the time when he was under the influence of alcohol due to negligence while driving the same, and received the said bicycle with the front part of the said car as the front part of the vehicle. Accordingly, the Defendant had the victim go beyond the road.

Ultimately, the Defendant, by the above occupational negligence, immediately stopped the victim and escaped without taking necessary measures, such as providing relief to the victim, even though he/she suffered injury to the right-hand leg, which requires treatment for about one week.

2. Around July 21:25, 2015, the Defendant: (a) driven a B K5 vehicle while under the influence of alcohol with approximately 2km alcohol content of 0.135% from the front of the “E Art Institute” on the road located in Chang-gun, Chungcheongnam-gun; and (b) from the front of the “E Art Institute,” located in the same Eup/Myeon Kimcheon-ri, to the front of the “ Changnam-ri” road in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A traffic accident report;

1. Application of diagnosis certificates and traffic accident record photographs statutes;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment.

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