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(영문) 부산지방법원 2015.12.09 2015고단6545
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

1. Around 00:00 on September 15, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.122%, and the Defendant driven B Poter freight from the trifeng-dong trifeng-dong of Busan to the road in front of the Nam-gu Taedong-dong Gyeongdong-dong of Busan to approximately 10km from the trife-dong of Busan.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (U.S.) on September 15, 2015, the Defendant driving the freight vehicles listed in Paragraph 1 on September 00, 2015, and led the front of the new bank located in the trigram and Dong of Busan to the direction of the new wall market in the direction of the bus terminal for thought and injury.

A person engaged in driving service has a duty of care to safely drive a person who is engaged in driving service by checking well the right and the left.

Nevertheless, the defendant neglected to stop at the edge of the road and was operated by the victim C(25 years old) who was stopped at the edge of the road. The back part of the D car was received as the front part of the cargo vehicle.

As a result, the Defendant suffered brain-dead, etc., requiring medical treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant left the said car to take approximately KRW 1,107,005 for repair costs, and escaped without immediately stopping the vehicle and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident inspection report, a traffic accident occurrence report, a report on the detection of a drinking driver, a report on the circumstantial statement of a drinking driver, a vehicle photograph of the perpetrator, a diagnostic document, and a quotation;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 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 Competition.

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