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(영문) 의정부지방법원 2013.05.24 2013고단844

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 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 a fwing cargo vehicle B.

On February 12, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.158% with a blood alcohol concentration of 0.158% on February 21, 2013, and proceeded with two-lane roads in front of the SK station in Jyang-si, Jyang-si, Jyang-si, in the direction of the Jnyang-si, at a non-speed speed along two-lanes.

At the time, at night, the passenger car was driven by the victim C(27 years of age) on the road in the front line of the cargo vehicle of the defendant, and the passenger car was driven by the victim C(27 years of age). Therefore, the person engaged in the vehicle driving duty has a duty of care to ensure safe operation by properly operating the steering system and operating the steering system.

Nevertheless, the defendant neglected to do so under the influence of alcohol, and found that the above car turn on the right side and changed to the two-lanes, and then delayed, the part on the left side of the motor vehicle behind the motor vehicle, which led to the motor vehicle to the right side of the motor vehicle in front of the cargo vehicle.

Ultimately, even though the Defendant was negligent in the above occupational negligence to the victim C and the victim E (the 27-year old-age-27) who was in the same line of duty and suffered from the injury of the sacrife and the sacrife for two weeks, the Defendant immediately stopped and escaped without taking measures such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C, E);

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs related to accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. As to the aggravated punishment, etc. of specific crimes under Articles 40 and 50 of the Criminal Act.