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(영문) 대구지방법원 경주지원 2014.10.23 2014고단621

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On October 9, 2001, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 1 million; on May 16, 2003, a summary order of KRW 2 million to a fine of violating the Road Traffic Act; on August 4, 2003, the Seoul Central District Court issued a summary order of KRW 2 million to a fine of KRW 1.5 million to a fine of violation of the Road Traffic Act at the Seoul Central District Court on December 3, 2007; on March 18, 201, from Daejeon District Court to a fine of KRW 1.5 million to a violation of the Road Traffic Act (driving) at Daejeon District Court on March 18, 2013; on April 26, 2013, the Defendant received a summary order of KRW 1.5 million from Daejeon District Court to a fine of KRW 1.5 million to a violation of the Road Traffic Act (Driving).

【Criminal Facts】

The defendant is a person who is engaged in driving of C1 ton cargo vehicles.

On August 19, 2014, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven the above cargo at a speed of about 40 to 50 km at a speed of about 40 km at a speed of 10 to 50 km, such as 0.213% under the influence of alcohol and 0.213% under the influence of alcohol, and her body cannot be accumulated properly. The Defendant driven the above cargo under the influence of alcohol, and driven the above cargo at a speed of 0 to 10 km at a speed of 40 km at the direction of the 2nd village at the city of Ansan-gu, Ansan-gu, An Eupn-gu, Asan-

At the time, since the surface was milched after the rain was broken, the driver of the motor vehicle had a duty of care to thoroughly drive the front road and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant was negligent in not operating the steering and brakes accurately while under the influence of alcohol, and the Defendant was able to receive a part of the EKarens van that was driven by the victim D (V, 43 years old) who was driven by the front part of the foregoing cargo vehicle and she was driven by the victim D (V, 5 years old).