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(영문) 대전지방법원 2015.10.28 2015고단3055
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On June 30, 2015, the Defendant driven the said car as a business on June 10, 2015, and continued to drive the said car under the influence of alcohol concentration of 0.260% without a car driver's license on the road front of the Ilsan-dong, Busan-dong, Busan-dong.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right of the motor vehicle and to prevent accidents by accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, as seen above, was under the influence of alcohol without a driver’s license and was parked in the same place, and the backer part of the DFF-car owned by the victim E (the age of 57) and the back part of the F EF-car owned by the victim while parked in the same place was continued to be the front part of the left side and right side of the above Afff-car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, the Defendant, while destroying and damaging the said marina car in an amount equivalent to KRW 407,990, which is the sum of repair costs, such as the strawer flapsing, flaps, etc., and escaped without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement, etc. of the occurrence of a police accident involving E;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drivers, etc., circumstantial records of drivers, investigation reports, investigation reports, etc.;

1. Written diagnosis, vehicle inspection, and estimate for maintenance;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of view of failing to take measures after an accident), and Article 5-3 (1) 2 of the same Act.

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