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(영문) 의정부지방법원 2013.12.20 2013고단3563
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving motor vehicles C.

On September 22:25, 2013, the Defendant driven the above ready-light vehicle and continued to drive the front road of about 601 km-dong 619, Hoyang-dong, Hoyang-dong at Hoyang-dong 619 at a speed of about 40-50 km.

When the driver of any motor vehicle is followed by another motor vehicle traveling in the same direction at night, the driver of any motor vehicle shall maintain a necessary distance to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

Nevertheless, under the influence of alcohol, the Defendant is negligent in driving so as to be negligent and is proceeding ahead of it.

The victim D (WO, 39 years old) driving, who stopped with a stop signal, was driven by the Defendant’s driver as the front driver of the said leisure vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires treatment for about three weeks by occupational negligence as above, and at the same time, did not take necessary measures such as destroying and damaging the above damaged vehicle to ensure that the repair cost is 845,602 won, and did not take necessary measures such as aiding and abetting the casualties, and escaped the above damaged vehicle at the site of the accident.

2. The Defendant violated the Road Traffic Act (driving) driven the said car while under the influence of alcohol with a blood alcohol concentration of 0.062% at the above date and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. An accident-related photograph;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. An accident site photograph or an accident vehicle photograph;

1. A medical certificate (D);

1. Application of the statutes governing vehicle estimates;

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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