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(영문) 전주지방법원 정읍지원 2013.08.20 2013고단341

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

[criminal power] The defendant was sentenced to a fine of five million won due to the violation of the Road Traffic Act in the support of the Jeonju District Court on July 17, 2009, and was two times the same alcohol driving force.

【Criminal Facts】

1. The Defendant is a driver of a motor vehicle with B presseson in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.)

On 19:40 on 28, 2013, the Defendant was under the influence of alcohol by 0.115% on blood alcohol concentration, and the Defendant was under the influence of alcohol at the 0.15% on 19:40 on 28, 2013, to the front side of the mountain village park located in the front side of the Yanan-gun, Myeonpo-gun

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in a safe manner by driving the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the same direction on the same side as that of the Defendant’s negligence, received the back part of the D Poter Cargo Vehicles from the victim C(55 years old) who was waiting to turn to the left.

With its impact, while the cargo vehicles turn back to the left-hand side of the running direction, the said cargo vehicles received the part of the victim E(the age of 44) driving and the right-hand side of the G company bus.

As a result, the Defendant suffered injury to the victim C, such as double gambling, which requires treatment for about two weeks, at the same time, and escaped without taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed each of the respective damages of KRW 794,581, and the urban bus repair cost of KRW 1,320,000.

2. Violation of the Road Traffic Act (driving) driving the said vehicle at a section of about 700 meters from the roads in front of the Gindo Village located in the Yanpo-gun, the lower court, while under the influence of alcohol 0.115% in the blood alcohol level at the above date, at the above location and at the above place, from the roads in front of the Gindo Village located in the Yanpo-gun, the front

Summary of Evidence

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