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(영문) 인천지방법원 부천지원 2014.04.23 2013고단2359

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a multilateral car.

On June 30, 2013, the Defendant operated the said car with a blood alcohol concentration of 0.173% under the influence of alcohol without obtaining a driver’s license on June 21, 2013, and changed the two-lane road in front of 1509-3, Seocheon-si, Seocheon-si, Seocheon-si, the two-lane road in front of 1509-3, Seocheon-gu, Seocheon-si, the direction toward the side on the side of Seocheon-si, and changed the lane to a two-lane in the speed of about 50 km in speed.

In such cases, the driver of the vehicle has a duty of care to examine whether another motor vehicle is proceeding in the vehicle line intended to change to a person engaged in driving the motor vehicle, and to prevent accidents from occurring while operating the direction, etc. in advance.

Nevertheless, the Defendant neglected this and drive without obtaining a driver's license under the influence of alcohol as above, and did not look at the D-A-W-W-W-W-W-on car driven by the victim C with a speed of about 30 km depending on two lanes, and did not take necessary measures such as immediately stopping the said A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of C and E;

1. The actual condition survey report, on-site and vehicle photographs, reports on detection of a drinking driver, circumstantial reports on a drinking driver, and the register of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes of mandatory insurance policy;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Article 54 (1) of the same Act concerning the crime;