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(영문) 전주지방법원 2014.12.19 2014고단1876
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of C NewF Last vehicles;

On September 24, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.165% with a blood alcohol concentration of 03:00, the Defendant driven the said vehicle, and proceeded in the front distance of the Kandong-gu, Hongjin-gu, Seoul.

At all times, the defendant engaged in driving along the intersection where a signal, etc. is installed, has a duty of care to accurately operate the steering direction and brake system and to safely proceed by adjusting the speed in advance by reducing the speed and by properly examining the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, went away without taking measures such as providing rescue to the victim, who was waiting for a signal signal at the right side of the proceeding due to negligence, etc., leading the victim D (60 years of age) to shocked with the above rocketing or other vehicles, resulting in an injury to the victim, such as sweet and tension in need of treatment for about two weeks, and at the same time, did not damage the repair cost of the said taxi to the extent that the repair cost of the said taxi is equivalent to KRW 938,138.

2. On September 24, 2014, at around 03:00, the Defendant driven C New EFstet or other vehicles while under the influence of alcohol content of about 0.165% from the section of about 1km to the Hanyang Oil Station, which is located in the middle-gu Donjin-gu Don-gu Dondong to the Hanyang Oil Station, in accordance with the Korean-si Donjin-gu Don-gu Yndong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A traffic accident report (1) (2) and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (a estimate of damage and payment for physical damage);

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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