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(영문) 수원지방법원 안산지원 2014.07.09 2014고단383
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 23:20 on January 15, 2014, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.126% from the 4km section from the 539-7 Do in Ansan-si, Ansan-si to the same 4km-dong 486-6 Do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and Violation of the Road Traffic Act (Non-accidenting Measures) were driven by the Defendant on January 15, 2014 as his/her duties at a speed of about 40 km in the speed of about a speed of 50 km in the city of Ansan-gu, 593-37, Gosi-gu, Seosan-si, Seosan-si, Seosan-si, Pyeong-si, Anasan-si.

Although a person engaged in driving service has a duty of care to accurately operate the steering wheel and steering gear, the Defendant was negligent in neglecting the duty of care as stated in paragraph (1) while neglecting the duty of care, and the part of the Defendant’s vehicle driven by the victim C, who was parked in front of the Defendant’s vehicle, was shocked with the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as light dump, etc. in need of treatment for about three weeks, and, at the same time, escaped without taking necessary measures, such as immediately stopping the vehicle and taking relief measures, even though the Defendant destroyed the vehicle to ensure that the repair cost is equivalent to KRW 4,021,856.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the status of running a motor vehicle under consideration and on the status of running a motor vehicle under consideration;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, 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 concerning the crime (the point of failing to take measures after causing damage and destruction by occupational negligence);

1. Commercial concurrence;

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