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(영문) 광주지방법원 2013.10.10 2013고단3328
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

The Defendant is a person who is engaged in driving of Cone Star 6 Track trucks.

On June 8, 2013, the Defendant driven the above cargo under the influence of alcohol level of 0.088% on blood alcohol level around 14:20 on June 8, 2013, and moved the front line of the Korean electric power model, which is located in the agency of the Jeon-nam Seo-nam, to the front line of the Korean electric power model.

Since the above place has a large ordinary traffic volume, in such a case, a person engaged in driving service has a duty of care to drive a vehicle safely by accurately manipulating the system of steering, steering, and brakes and accurately.

Nevertheless, the Defendant, while under the influence of alcohol, driven the above cargo vehicle as it was by negligence while neglecting the duty of front-way, and entered the intersection at the right side of the above cargo vehicle and later entered the intersection at the right side of the above cargo vehicle, but the victim D (W, 38 years old) driving E Spath-on vehicle prior to the above cargo vehicle was placed at the right side of the above cargo vehicle.

The Defendant caused the foregoing traffic accident and caused the victim D to suffer salt ties and tensions, and the victim F (7 years of age) who is the passenger of the victimized vehicle, respectively, at around two weeks of medical treatment. At the same time, the Defendant: (a) damaged the victim’s cream and tensions that require medical treatment; and (b) destroyed the above spawn back door, etc. of the spawn vehicle to be KRW 591,806 of repair cost; and (c) left the scene without taking necessary measures after the traffic accident, such as immediately stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. Evidence and photographs of the scene of a traffic accident, and the report on a traffic accident (1) (2) actual condition survey report;

1. The circumstantial statement statement and investigation report of the host driver (with respect to the investigation of application of the Tramark official);

1. A diagnosis certificate (Ma1) vehicle;

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