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(영문) 부산지방법원 동부지원 2012.12.26 2012고단3808

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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (road parking ditches) is a person engaged in driving freight cars;

On July 21, 2012, at around 23:30 on July 21, 2012, the Defendant driven the above cargo vehicle at the front of the entrance of the Sociam farm located in the gamban-gun, Gyeongnam Development-gun, leading to go through the direction of the eronom in the direction

At this point, since the center line of yellow solid lines is set up and the U.S. is prohibited, the defendant engaged in driving motor vehicles had a duty of care to safely drive the motor vehicle without harming the center line.

Nevertheless, the Defendant neglected the above duty of care and neglected to see the front and rear the center line as it is, due to occupational negligence, committed a shower while driving the center line as it is, and received the front part of the victim C (Nam, 46 years old) driving of the said road in the direction of erode from the erode in the direction of the erode.g., the front part of the said cargo driver's seat.

As a result, the Defendant, by negligence in the above occupational negligence, caused the victim to suffer from a spatitis that requires treatment for about three weeks, but did not immediately stop and take measures such as providing relief to the victim.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, was driving the said cargo lane under the influence of alcohol with a blood alcohol concentration of 0.06% at approximately 90 meters away from the entrance to erocul farm to erocul.g., at the 900m section.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to a report on investigation (limited to submission of a medical certificate and written estimate);

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (2) of the Road Traffic Act which choose the penalty;