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(영문) 대전지방법원 천안지원 2021.01.11 2008고단954
특정범죄가중처벌등에관한법률위반(도주차량) 등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 of B Poter Cargo Vehicles.

On April 20, 2008, the Defendant driven the above cargo while under the influence of 0.143 percent of alcohol during blood transfusions at around 0.143 percent, and proceeded to a speed of about 40 kilometers per hour from the 3-distance park in front of the new stream distance in the Yacheon-gu, YM 1, an independent commemorative hall in front of the new stream distance in Yacheon-gu, Y-gu, an independent commemorative room in the city. When the Defendant neglected to perform the duty of the front line, the Defendant caused by negligence in the course of his duties that caused the victim C (35 years old) who was waiting to the last 5-car in the mabing signal to the front pan part of the Defendant’s driving vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim, such as cerebrovasle, which requires approximately two weeks of medical treatment, and injury to the victim E (at 31 years of age) on board the damaged vehicle, such as cerebrovasle, which requires two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to require more than KRW 4,776,868 of the cost of repairing the damaged vehicle, and escaped without taking measures such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of occurrence of a traffic accident prepared C;

1. A written diagnosis and written estimate;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on a traffic accident: (1) and a survey report on actual condition of a traffic accident (2)

1. Application of Acts and subordinate statutes to investigation reports (verification of telephone conversations with victims);

1. Article 5-3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 268 of the Criminal Act (amended by Act No. 10790, Jun. 8, 201); Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 150 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 9580, Apr. 1, 2009) concerning criminal facts

2. Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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