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(영문) 대구지방법원 경주지원 2013.12.24 2013고단626
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 02:00 on May 16, 2013, the Defendant driven a Bknife vehicle under the influence of alcohol with a blood alcohol concentration of 0.06% from the 2km section of approximately 2km from the front day of the Dongcheon-dong, Dongcheon-si, Seoul, to the front day of the credit comprehensive company in the Seocho-si, Chungcheongnam-si.

2. The defendant is a person who is engaged in driving the B knife vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (non-accident).

On May 16, 2013, at around 02:05, the Defendant driven the above van while under the influence of alcohol, as described in paragraph 1, and proceeded with the three-lane roads in front of the general company credit in the Yongsan-dong in the racing-si.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a view to driving the motor vehicle well.

Nevertheless, the Defendant failed to find out the DA5 car driven by the victim C (the age of 35) who was standing in the signal atmosphere from the front line of the same lane due to negligence, while neglecting this, and received the front side of the victim car from the front side of the Defendant car.

Ultimately, the Defendant, by occupational negligence, committed an injury to the said C, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and sustained injury to the victim E (the 42 years old), who is a passenger of the said victim’s car, such as salt, tensions, etc., in need of medical treatment for about two weeks, and escaped without immediately stopping the victim’s car to the extent that it damages the 2,283,878 won of repair cost, such as the exchange of dials, etc., and the victim’s car was damaged to the extent that it does not take measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. Statement 1, each written diagnosis of a host driver;

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