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(영문) 부산지방법원 2014.11.24 2014고단7178
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

1. On July 6, 2014, from around 02:25 to around 02:35 the same day, the Defendant driven BSM 3 automobiles while under the influence of alcohol alcohol concentration of about 0.142% in the section of approximately 50 meters to the area near the Bupyeong-gu Vice-dong, Jung-gu, Jung-gu, via the central signal signal belt located in the Jung-gu, Jung-gu International Market On-Road Parking Lots located in Jung-gu, Busan.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) is a person engaging in driving a BS3 car.

On July 6, 2014, the Defendant driven the above car on July 6, 2014, and proceeded to the central east of the road near the Cheongdae-gu, Busan.

Since a number of signals are installed, the driver of the vehicle has a duty of care to prevent accidents by proceeding in accordance with the new code.

Nevertheless, due to the negligence of neglecting this, the Defendant received the part in front of the right side of the driver's vehicle of the above Defendant in front of the international market and the part in front of the driver's vehicle in front of the middle-gu office in the international market.

Accordingly, the Defendant, by such occupational negligence, committed an injury to the said victim C (57 years of age), E (20 years of age), and the victim F (22 years of age) on the ground that the said victim C (57 years of age), E (or 20 years of age), and tensions, etc. need to be treated for about two weeks, and the Defendant stopped and escaped without taking necessary measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of G and H;

1. Motor vehicle accident reports, actual condition surveys, reports on the statement of the status of a drinking driver, reports on the actions taken by a drinking driver, reports on the control of drinking driving, inquiry into the results of the crackdown on drinking, and photographs after capturing a black image;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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