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(영문) 부산지방법원 2016.12.30 2016고단7116
특정범죄가중처벌등에관한법률위반(도주치상)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

1. Around 05:15 on November 1, 2016, the Defendant driven BMW car from a distance of about 1 km from the roads in front of the Korea Creative Information Network located in Busan Sogsan-dong, to the roads located in the same Dong, while under the influence of alcohol by 0.169% of the blood alcohol concentration of around 05:15,000.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a BMW car;

The defendant driving the above car at the time zone as stated in paragraph (1) and driving the road in front of Busan City Do Do Do dong, Busan, along the one-lane between the four-lanes in the direction of the intersection.

A person engaged in driving service has a duty of care to drive safely by checking the right and the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, found that the victim C(the age of 61) who was in the atmosphere of the signal to turn to the left at one-lane of the same direction, was late behind the Drocketing car operated by the victim C(the age of 61) and avoided this, and received the above part of the right part of the back part of the BMW car with the left part of the front part of the BMW car.

Ultimately, the Defendant, by occupational negligence, sustained bodily injury, such as light dump, which requires treatment of the victim for two weeks prior to the foregoing two-time period, and at the same time, left the said rocketing car to be in excess of KRW 2,142,778, and escaped without immediately stopping the vehicle and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report on traffic accidents;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to each investigation report (No. 10,11, 12 No. 12 of the evidence list);

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving);

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