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(영문) 광주지방법원 해남지원 2015.04.15 2014고단377
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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and Violation of the Road Traffic Act (Non-accidenting Measures) are those engaged in driving of C Poter Freight, and the Defendant driven the above Poter on August 20, 2014, around 09:14, while driving the above Poter on the two-lane road at the 2-lane 1-lane roads in the Chang-dong-dong Office in Ansan-si, Ansan-si, the Defendant proceeded to turn to the left at the Doing Office.

However, prior to the Defendant’s entry into the intersection as above, the victim D (e.g., 55 years old) had already driven a rocketing car on the left side of the said vehicle and turn to the left at the two-lanes, and immediately after passing through the intersection, the Defendant immediately entered the future of the said rocketing car, and normally turn to the left according to one-lane due to occupational negligence entering the two-lanes in the direction of the Dong Office. On the side of the vehicle loaded on the front side of the said cargo driver’s seat, the Defendant suffered injury, such as salt, tension, etc. in need of approximately two-day medical treatment, and at the same time, damaged the said rocketing car so that KRW 1,18,328 of the repair cost, such as the replacement of the latter Tylon, etc.

Nevertheless, the Defendant immediately stopped and did not take any measures to rescue the victim or remove the danger and obstacle to road traffic, and escaped as it is.

2. On August 20, 2014, at around 16:47, the Defendant driven the instant cargo vehicle while under the influence of alcohol by 0.226% of the blood alcohol concentration at the section of approximately 100 meters from the 105-6 front of the police box located in the 109-9 Dong Dong-gu, Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and a traffic accident report (2) actual condition survey report;

1. Statement made to D by the police;

1. A medical certificate (D);

1. Written estimate;

1. Exemplary drivers;

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