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(영문) 부산지방법원 2013.07.09 2013고단1600
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

The defendant is a person who is engaged in driving a low-speed car B.

On March 8, 2013, at around 21:40, the Defendant driven the said car while under the influence of alcohol with 0.144% of blood alcohol level, and led to a three-lane of the four-lanes in front of Puju-gu, Puju-gu, Busan, to drive the said car at the seat of the urban highway from the front side of the Puju-dong.

At the time, there was a intersection where signal lights were installed at night, so in such a case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to care for the safety by accurately operating the operation and steering gear of the motor vehicle, and operated the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and negligently driven by the Defendant while driving the vehicle under the influence of alcohol and received the rear panion of the victim C(W, 51 years old) driving or the vehicle under the influence of traffic at the front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, destroyed the damaged vehicle to take 858,469 won, such as the exchange of dials, and escaped without immediately stopping and taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. A medical certificate;

1. Application of the written estimate statutes;

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. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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