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(영문) 수원지방법원 성남지원 2013.07.05 2013고단177
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for 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 the duty of driving a motor vehicle B.

On October 17, 2012, around 05:35, the Defendant driven the said vehicle with a three-laned road in the mountain zone in Sungnam-si, Sungnam-si, with a blood alcohol concentration of 0.141% under the influence of alcohol without obtaining a driver's license, and proceeded from the direction of the mountain zone in South Korea.

At the time, it is a new wall prior to sunrise and its location is a place where the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to safely drive the car line by making it possible to see the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol as above, and dart driven by the victim C(38 years of age) driving from the south of South C (38 years of age) to the mountain basin due to the negligence of driving the center line while he is in a difficult condition to drive normally. The Defendant shocked the front part of the freight vehicle with the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as the definite base for treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the victim’s truck to take 2,385,000 won for repairing expenses and escaped without immediately stopping the truck and taking other measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. The actual condition survey report, diagnosis report, and quotation;

1. Application of the report on detection of drivers and the laws and subordinate statutes on the ledger of driver's licenses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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