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(영문) 수원지방법원 성남지원 2015.01.15 2014고단2806
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

Criminal facts

On September 19, 2014, the Defendant was under the influence of alcohol at around 22:15 and at least 0.145% of blood alcohol concentration, and the Defendant was driving a B-to-pur-car car, which led to driving the D-to-pur-car car in Gwangju City, and driving the road in front of the D-to-pur-si in Gwangju City into the Jindo-Eup, Dan-si, at the eth of eth-si.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to accurately operate the steering direction and brake system of the motor vehicle while driving the motor vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded along the center line by the negligence, and received the part of the victim E (the 43-year-old driver) driving ahead of the right side of the FF truck, which was driven by the victim E (the 43-year-old driver), from the Defendant’s vehicle right side.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as salt and tension, which requires treatment for about two weeks. At the same time, the Defendant, while destroying the victim’s above cargo vehicle in an amount equivalent to KRW 10,730,000, did not immediately stop and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to on-site photographs and case-related photographs;

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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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