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(영문) 전주지방법원 2015.10.20 2015고단1308
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who is engaged in driving a car car.

On June 30, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.163% around 21:10, while under the influence of alcohol, and led the Defendant to drive it in accordance with three-lanes in front of the point of GYC, NHF Agricultural Agricultural Complex, NHFFF, Seoul, with a flow of 881 lanes in front of the point of GYC, Seoul.

In this case, there was a duty of care to prevent accidents in advance by properly sprinking the front side and the right and the right and the right of the driver of the vehicle and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so, and was driven by the victim D(the age of 47) who was driven by the victim D(the age of 47) prior to the end of the car, and received the part behind the E TlaXG’s vehicle as the front part of the car.

As a result, the Defendant suffered injury to the above victim and the victim F (the age of 45) who was on the part of the above occupational negligence, such as salt, tensions, etc. in need of treatment for about two weeks, respectively, and at the same time, the Defendant escaped without immediately stopping the above TXG car to the extent that it damages the 1,939,672 won of repair cost, etc., and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. The circumstantial statement of the driver, the report on whether to drive any danger, and the report on detection of the driver;

1. Each report on internal investigation (related to investigation into the scene of an accident, arrest of the scene, arrest of the suspected victim and measurement of drinking, and notification of medical treatment of a victim);

1. Written estimate;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 and 54 of the Road Traffic Act concerning criminal facts.

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