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(영문) 수원지방법원 안양지원 2013.05.14 2013고단401
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 of BMW car.

On February 14, 2013, the Defendant was under the influence of alcohol at a 0.106% of blood alcohol concentration around 03:00, and the Defendant proceeded at a speed of about 60 kilometers between four lanes in length and four lanes in length at the distance of viewing company from the shooting distance side in the normal village.

In such a case, the driver of the vehicle has a duty of care to prevent the accident by accurately and safely manipulating the operation and steering gear of the front left, while he has a duty of care to prevent the accident.

Nevertheless, the Defendant neglected this and found the victim C (the 44-year-old driver)'s car and operated it late, but did not fall short of this, and shocked the back part of the damaged vehicle due to the front part of the Defendant's driver's vehicle.

The Defendant, by such occupational negligence, inflicted injury on the victim C, such as catitiss, which requires treatment for about two weeks, on the back seat of the damaged vehicle, sustained injury on the catitiss, etc. requiring treatment for about two weeks, on the part of the victim E (the 42 years old), and sustained injury on the victim F (the 62 years old) who took advantage of the back seat of the damaged vehicle for about two weeks, such as catitiss and tensions requiring treatment for about two weeks. At the same time, the Defendant attempted to escape without taking necessary measures such as providing relief to the injured vehicle E (the 42 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. C statement on the occurrence of a traffic accident;

1. A written statement of E and F;

1. Each written diagnosis, vehicle inspection/maintenance estimate;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

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