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(영문) 부산지방법원 2014.04.25 2014고단516
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. On December 12, 2013, at around 21:35, the Defendant driven a Bpad car with a blood alcohol content of about 300 meters from the parking lot of the sama restaurant located in the Busan Sagle-dong Clock-dong, Busan to the front road of the sagle-dong, Busan, while under the influence of alcohol of about 0.091% from the 300 meters section of alcohol level.

2. On December 12, 2013, the Defendant driven the above vehicle at around 21:35, and proceeded with the road of one lane in front of the trigrams of the trigrams in front of the trigrams of the Seogdong-dong, Busan, with one-lane of the commercial area for industrial products in the trigrams of the trigrams.

Since there is an intersection, a person engaged in driving service has a duty of care to check whether there are vehicles crossing by reducing speed or temporarily stopping the intersection while entering the intersection, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was negligent in proceeding with the victim C(the age of 65) and was driven by the victim C(the age of 65) as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence during approximately eight weeks of medical treatment, and at the same time, did not immediately stop the part of the back seat of the damaged vehicle so that the repair cost on the market price is reached, and runs away without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. Application of Acts and subordinate statutes to a report on detection of a de facto driver and a de facto survey report;

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) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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