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(영문) 부산지방법원 2015.08.19 2015고단3058
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 (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Non-accidentd Measures) are those engaged in driving of B Ecuas

On April 3, 2015, at around 00:28, the Defendant driven the said car under the influence of alcohol with 0.150% of alcohol concentration 0.150%, and, at the same time, the Defendant was driving the said car along the two-lane road in the Manduk-dong, Busan East-gu, Busan-do, with the road located in the 3rd-do of hot spring.

At the time, it is night, and its location is inside a tunnel, so it was safe to check the safety of the course and drive safely, and there was a duty of care to prevent accidents in advance.

Nevertheless, the Defendant was driven by the victim C(60 years of age) who was driven prior to the said Ecoos car due to the negligence of driving a vehicle under the influence of alcohol while neglecting this, and was driven by the victim C(60 years of age) as the front driver of the said Ecoos car.

At the same time, the Defendant, by negligence in the above business, sustained injury to the victim, such as salt, tension, etc. of the bones, which requires medical treatment for about two weeks. At the same time, the Defendant, while destroying the said taxi to take measures equivalent to KRW 2,564,593, did not immediately stop, and escaped without taking necessary measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the road in front of a cafeteria in the mutual influence Dong-dong, Busan at a temporary border, as set forth in paragraph (1), to the front road of the entrance of the Southern Sea Highway located in Seocheon-dong, Busan at around that time, the Defendant driven the said B Ecoo-dong car with a blood alcohol concentration of about 0.150%, while under the influence of alcohol at about 4km from the section of approximately 4

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Each traffic accident statement prepared by the defendant and C;

1. The report on the actual condition of traffic accidents, the report on the occurrence of traffic accidents, the report on the actual status of the principal and the report on the primary employment;

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