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(영문) 대전지방법원 2013.12.18 2013고단4015
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

At around 23:00 on September 3, 2013, the Defendant driven the said car while under the influence of alcohol of 0.138% of blood alcohol concentration. On September 23, 2013, the Defendant continued to drive the said car at a speed of about 70 km between the two-lanes, namely, a new horse death distance in the inside of the Sinsan-gun, Geumsan-gun, Geumsan-gun.

At the time, night and there are two-lane narrow roads, so there was a duty of care to ensure safety distance by accurately operating steering the steering gear and brakes to those engaged in driving service.

Nevertheless, the Defendant neglected this and was negligent in proceeding while under the influence of alcohol, and received the part behind the right side of the victim C(Y, 41 years old) driving DFD, which was driven by the victim C(S5 years old), to the upper part before the left side of the said SM5 car.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim C to receive injury, such as the escape from the 5-6 conical signboard, which requires approximately six weeks of medical treatment, and got the victim E (the victim E (the 35-year old) to receive injury, such as the escape from the 6-7 conical signboard, which requires approximately six weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though the repair cost, such as the exchange of the above Radr vehicle with the radr vehicle, is damaged to the extent that it is equivalent to KRW 2,07,026.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Each written diagnosis and written estimate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the statutes governing the actual condition of traffic accidents;

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

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