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(영문) 수원지방법원 안양지원 2016.09.29 2015고단1408

특정범죄가중처벌등에관한법률위반(도주차량)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on April 16, 2015, the Defendant driven a Daco truck with alcohol level of about 150 meters from the main point of “lance city” located in the Dong-gu Seoul Special Metropolitan City, to the front of the Seoul East-dong District Prosecutors’ Office located in the same Dong-gu Seoul Special Metropolitan City.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a Daco truck.

On April 16, 2015, the Defendant, as described in paragraph (1) around 01:00, driven the foregoing cargo vehicle while under the influence of alcohol, and led the road front of the “F cafeteria” in Gwangjin-gu Seoul Special Metropolitan City, to go back from the basin of the Gu to the main room of the “Mae-si” as stated in paragraph (1) from the basin of the Gu.

At the same time, since there are many pedestrians narrow alley, there was a duty of care to check whether a person engaged in driving a motor vehicle has a pedestrian or not, and to prevent accidents in advance by driving the motor vehicle safely and safely.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim G (son, 44 years old) who was walking in the direction of the cargo vehicle from the rear side of the cargo vehicle of the Defendant, but did not discover the victim G (son, 44 years old), followed the Defendant’s cargo vehicle and got the victim to go over the land, and had the victim go beyond the land, and had the victim go over the land one time with the right side of the said cargo vehicle, and followed the two thoms of the victim.

As a result, the Defendant suffered injury to the victim, such as the amount of the left-hand leg and the pelle of the need to receive approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the witness H and I in the third public trial records;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A medical certificate;