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(영문) 광주지방법원 순천지원 2014.02.14 2013고단2338
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 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 motor vehicle by borrowing the motor vehicle.

On June 24, 2013, at around 15:20 on June 24, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.223%, and the Defendant was driving a car, thereby driving the car, leading the front road of ELLogdo, which is in an educational dong at the time of leisure, into the seat of the registry office at the front of the river.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and steering system by accurately operating the steering and operating the steering system.

Nevertheless, the Defendant neglected his duty of care and failed to stop on the right side of the e-learning car which the victim D (hereinafter referred to as the 36-year old-age), who stops on the right side by neglecting his duty of care, got off the part of the driver's seat of the e-learning car and suffered injury to the victim's e-mail and the bones of the vertet requiring treatment for about two weeks due to its shock, and escaped without taking necessary measures such as providing relief to the victim, even though he damages the e-learning car repair cost to the 500,716 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on traffic accidents and a report on actual condition;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Report on the circumstances of the driving of a motor vehicle;

1. A written diagnosis and vehicle estimate;

1. Application of Acts and subordinate statutes on site evidence of each traffic accident;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 148-2 (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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