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(영문) 춘천지방법원 강릉지원 2013.09.05 2013고단396
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. The Defendant is a person running a car C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At around 00:50 on May 11, 2013, the Defendant driven the Defendant’s vehicle in the direction of “Macheon-distance” from the “Macheon-gu Hospital,” while under the influence of alcohol of 0.139% of blood alcohol content.

A person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle in a safe manner closely.

Nevertheless, the Defendant, while under the influence of alcohol due to negligence while driving at the front, failed to stop immediately and stop the part of the back part of the victim D(32 years of age) E car in the front part of the Defendant, and escaped without taking measures such as providing relief to the victims, such as providing approximately two-day medical treatment to the victims D, the injury of the thale thale, which requires approximately three-day medical treatment to the victims F (33 years of age), although the Defendant got on the part of the victim D(32 years of age) who was waiting for the signal at the front part of the Defendant.

2. The Defendant was under the influence of alcohol by 0.139 percent of blood alcohol concentration at the above date, at the above place, and operated approximately two kilometers of approximately two kilometers from the street in front of the “Japan apartment” located in Gangseo-si, Gangnam-si, Gangnam-si, and from the street to the front of the “In the 2nd century hearing aids” in Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 of the Road Traffic Act concerning the crime.

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