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(영문) 창원지방법원 2016.01.20 2015고단2800
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with low Pest Pest.

On September 17, 2015, the Defendant, while under the influence of alcohol content 00:25% during blood, was driven by 0.197% at the window of Changwon-si, along a four-lane road in front of the Agricultural Technology Center in the name line of Changwon-si, in the direction of the original intersection, was driven along the one-lane road from the intersection of the name line to the scam of the name line.

At night and at night, there was an intersection where signal lights are installed at the front door, and thus, in spite of the duty of care to safely drive on the front left and right door to the driver, the Defendant was negligent in driving on the front side of the above road while neglecting the influence of alcohol, and thereby, the part of the Doststa taxi back part of the victim C (57 Do) who is waiting to signal at the front side of the above road was led to the front part of the car of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E (34) who was on the said victim C and the said taxi (34) in need of medical treatment for about two weeks, and at the same time, even though the said taxi was damaged by using the back spread exchange, it did not immediately stop to order the said taxi to take measures such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, accident scene, and vehicle photograph;

1. A report on detection of the driver at the main place, a notice of completion of correction and a statement on the circumstances of the driver at the main place;

1. A medical certificate (C, E);

1. Application of the written estimate statutes;

1. The point of escape after the injury of occupational negligence in the relevant legal provisions concerning the crime: The point of non-measures after the damage under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act: Article 148 of the Road Traffic Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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