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(영문) 제주지방법원 2015.03.19 2015고단200
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 August 16, 2014, the Defendant was driving a D A-to-purd vehicle without a driver’s license, while under the influence of alcohol of 0.079% with a blood alcohol concentration of 0.079% on the cafeteria located in Jeju-si B at around 23:45.

2. The defendant is a person engaged in driving the said vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

At the same time as in the preceding paragraph, the Defendant operated the said car and proceeded from the potteral side to the potterian road adjacent to the said Ccafeteria.

At the time, the defendant was at the front of the driving direction of the driver, and therefore, the driver of the driver's vehicle had a duty of care to safely drive the driver's vehicle, such as considering the situation of the front side and securing safety distance.

Nevertheless, the Defendant, while neglecting the influence of alcohol as seen above, went away without taking measures such as destroying and damaging the matp car to the extent of being accompanied by the scrapping, without taking measures such as rescueing the victim, by shocking the back part of the matp car as the front part of the said mat-lur car, resulting in the victim’s injury, such as light dysium and tension for about two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs of the scene;

1. A medical certificate;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of the statutes on the register of driver's licenses;

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 and 54(1) of the Road Traffic Act, and Article 54(1) of the same Act concerning the crime.

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